CONTRACT DOCUMENTS FOR THE DEPARTMENT OF PUBLIC …0E99EADE-5A51-4F01-A125-DF0E38340A1E...ahead...

41 Sequin Drive Glastonbury, CT 06033

T: 860.633.8770 F: 860.633.5971

CONTRACT DOCUMENTS

FOR

THE DEPARTMENT OF PUBLIC WORKS CONSTRUCTION OF A NEW SALT STORAGE

STRUCTURE

OCTOBER 2018

Prepared For:

Town of Columbia 323 Route 87

Columbia, CT 06237

Anchor Engineering Services, Inc. Salt Storage Building Public Works Garage – Columbia, CT

TABLE OF CONTENTS

SECTION TAB

Invitation to Bid ............................................................................................................................................. A

Instructions to Bidders ................................................................................................................................. B

Forms ................................................................................................................................................................. C

Bid Proposal Non-Collusion Affidavit of Bidder Qualifications Statement Agreement Construction Performance Bond Construction Payment Bond General Conditions ........................................................................................................................................ D

Supplementary Conditions .......................................................................................................................... E

Special Provisions ........................................................................................................................................... F

Technical Specifications ............................................................................................................................... G

Plans................................................................................................................................................................... H

TAB A

Invitation to Bid


INVITATION TO BID

The Town of Columbia, CT is soliciting sealed bids for the construction of a new fabric salt storage structure and associated improvements. The work described above includes furnish all labor, materials, equipment and incidentals required to design and construct a new fabric structure and associated drainage and electrical improvements as shown on the Drawings and as specified herein as well as performing or providing all labor, supervision, equipment and services unless otherwise noted within the Contract Documents.

A mandatory pre-bid meeting will be held at the project site at the Public Works Department, 89 Willimantic Road, Columbia, CT at 10:00 AM on November 1, 2018

Sealed bids will be received by the Office of the Town Administrator, Columbia Town Hall, 323 Jonathan Trumbull Highway, Columbia, CT 06237, until 10:00 AM prevailing time on November 13, 2018, when they will be opened publicly and read aloud.

One (1) copy of the Contract Documents will be available for review at the Office of the Town Administrator, Town of Columbia, CT, Monday through Thursday between the hours of 8:00AM and 4:00PM and Friday between the hours of 8:00AM and 12:00PM.

Copies of these Contract Documents are available for purchase at the office of Anchor Engineering Services, Inc., located at 41 Sequin Drive in Glastonbury, Connecticut, 06033 Monday through Friday 8:30AM through 4:00PM for a non-refundable fee of fifty dollars ($50.00) for each set purchased, in the form of a check or money order made payable to Anchor Engineering Services, Inc. Please call ahead (860-633-8770) and allow 24 hours’ notice if purchasing a set of Contract Documents. Alternatively, electronic copies of the Contract Documents may be obtained by emailing [email protected].

Bid security in the form of a surety bond, certified or bank check, or a letter of credit, payable to the Town of Columbia is required in the sum of 5 percent (5%) of the base Bid. Bid security shall be subject to the condition provided in the Instructions to Bidders. Upon award of the contract, the successful bidder must furnish a Performance Bond and a Payment Bond equal to 100% of the contract price, in accordance with the Contract Documents. All bonds must be from sureties registered in the State of Connecticut.

No Bidder may withdraw his bid for a period of sixty (60) days after the date of bid opening.

The Town of Columbia reserves the right to accept or reject any or all bids or options, to waive any technicality in any bid or part thereof, and to accept any bid deemed to be in the best interest of the Town of Columbia.

Mark Walter, Town Administrator Town of Columbia, Connecticut

TAB B

Instructions to Bidders


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INSTRUCTIONS TO BIDDERS

1. PROJECT DESCRIPTION:

The Town of Columbia, CT is soliciting sealed bids for the construction of a new fabric salt storage structure and associated improvements. The work described above includes furnish all labor, materials, equipment and incidentals required to design and construct a new fabric structure and associated drainage and electrical improvements as shown on the Drawings and as specified herein as well as performing or providing all labor, supervision, equipment and services unless otherwise noted within the Contract Documents.

2. GENERAL:

Sealed bids will be received by Office of the Town Administrator, Columbia Town Hall, 323 Jonathan Trumbull Highway, Columbia, CT 06237, until 10:00 AM prevailing time on November 13, 2018. Bids received after the bid opening will be returned unopened.

A mandatory pre-bid meeting will be held at the project site at the Public Works Department, 89 Willimantic Road, Columbia, CT at 10:00 AM on November 1, 2018

All questions from prospective bidders must be submitted to the Anchor Engineering via fax (860-633-5971) or email ([email protected]) no later than 7 days prior to the bid opening. Questions after this time will not be responded to.

3. CONTRACT DOCUMENTS:

These Contract Documents include a complete set of proposal forms which are not to be detached from the Contract Documents, filled out or executed. For the convenience of the bidders, separate copies of bid forms are furnished for that purpose.

4. BIDS:

Bids shall be enclosed in a sealed envelope clearly marked “SEALED BID – THE DEPARTMENT OF PUBLIC WORKS - CONSTRUCTION OF A NEW SALT STORAGE STRUCTURE” along with the name of bidder organization, date and time of bid opening in order to guard against premature opening of the bid. All bids must be submitted on forms supplied by the Owner and shall be subject to all requirements of the Contract Documents, including “Instruction to Bidders”. All bids must be regular in every respect; no interlineations, ditto marks, excisions or special conditions shall be made or included in the bid form by the bidder organization.

The Owner may consider as irregular any bid on which there are any omissions, alterations of form, additions not called for, conditional or alternate bids, or irregularities of any kind and, at its option, may reject same. The blank spaces in the bid must be filled in correctly where indicated for each and every item for which a quantity is given typed or printed in ink. If any price is omitted, the bid may be rejected. The Bidder shall sign his bid correctly. If the bid is made by an individual, his name and post office address must be shown. If made by a firm, partnership, or by a


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corporation, the bid must be signed by an official of the firm, partnership, or corporation authorized to sign contracts, and also must show the post office address of the firm, partnership or corporation.

A Non-Collusion Affidavit shall be completed and returned with the submitted bid. More than one bid from an individual, a firm or partnership, a corporation or association under the same or different names will not be considered. Reasonable ground for believing that any Bidder is interested in more than one bid for the work contemplated will cause the rejection of all bids in which such Bidder is interested. Bids in which the prices are obviously unbalanced may be rejected.

5. ADDENDA & INTERPRETATIONS:

Any request from a prospective bidder for interpretation of meaning of Contract Documents shall be made in writing to the office of Anchor Engineering Services, Inc., 41 Sequin Drive, Glastonbury, Connecticut 06033, and to be given consideration must be received at least seven (7) days prior to date fixed for opening of bids. Interpretations will be made in the form of written Addenda to Contract Documents, which Addenda shall become a part of the Contract. Such requests may be sent via facsimile to the office of Anchor Engineering Services, Inc. at (860) 633-5971. Not later than three (3) days prior to date fixed for opening of bids, Addenda will be mailed or delivered to all parties recorded as having obtained Contract Documents. It is the responsibility of the Bidder to verify that all Addenda have been received and incorporated into the submitted bid. Failure of any Bidder to receive any such Addenda shall not relieve Bidder from any obligations under his bid as submitted. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6. SITE CONDITIONS:

All information on the Drawings or in the contract Documents relating to subsurface conditions, utilities, and other structures is from best sources available at present to the Owner. All such information and drawings of existing construction are furnished only for the information and convenience of bidders.

At the date fixed for opening of bids, it will be presumed that each Bidder has made an examination of location and site of work to be done under Contract; has satisfied himself as to actual conditions, requirements and quantities of work; has considered federal, state and local laws and regulations that may affect cost, progress, performance or furnishing the Work; and has read and become thoroughly familiar with Contract Documents including Contract Drawings, Specifications, Addenda, and documents referenced therein.

The Owner and the Engineer assume no responsibility whatsoever with respect to ascertaining for the Contractor any facts concerning physical characteristics at the site of the project.

7. BIDDER’S QUALIFICATIONS:

The Owner shall make such investigation as deemed necessary to determine the ability of the Bidder to discharge his Contract. After bid opening, Bidder shall be prepared to furnish the Owner with all written evidence as may be required for this purpose (e.g., financial data, previous


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experience, present commitments) within five (5) days after Owner requests such evidence. Each bid must contain evidence of Bidder’s qualification to do business in the State of Connecticut or covenant to obtain such qualification prior to award of the contract.

Bids received from Bidders who have previously failed to complete contracts within the time required, or who have previously performed similar work in an unsatisfactory manner, may be rejected. A bid may be rejected if the Bidder cannot show that he has the necessary capital and experience, and owns, controls, or can procure the necessary plant to commence and complete the work at the rate or time specified, and that he is not already obligated for the performance of other work which would delay the commencement, prosecution, or completion of the work.

8. MODIFICATION:

Any Bidder may modify his bid at any time prior to the scheduled closing time for receipt of bids, by submitting an appropriate document duly executed in a manner that bid must be executed and delivered to the place where bids are to be submitted. After opening of bids, no Bidder may withdraw his bid for a period of sixty (60) days. Owner may, in its sole discretion, release any bid prior to that date.

9. REJECTION OF BIDS:

The Owner also reserves the right to reject any or all bids, for any reason it deems advisable, and to award Contract to any of the Bidder organizations, regardless of amount of bid.

10. TIME OF COMPLETION & LIQUIDATED DAMAGES:

The Bidder must agree to fully complete all work within the number of consecutive calendar days of the issuance of the Notice to Proceed set forth in the Agreement. The Bidder must agree also to pay as liquidated damages the sum set forth in the Agreement for each consecutive calendar day thereafter.

11. AWARD OF CONTRACTS:

If the Contract is awarded, Owner will give successful bidder a Notice of Award within sixty (60) days after the day of bid opening. The successful bidder shall then execute and deliver to the Owner, within ten (10) days after notification of the award, three (3) executed Agreements in the form provided by the Owner. If the successful bidder fails to comply with the requirements of these documents within ten (10) days of receiving said Notice, that bidder shall forfeit bid security and, at the option of the Owner, the Award may become null and void. The Owner may then proceed to Award the Contract to another of the Bidders.

12. BID SECURITY:

Each bid must be accompanied by a surety bond, certified or bank check, or a letter of credit, in the amount of 5% of the total of the bid. Bid security of the successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the bid security will be returned. The bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award


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may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the sixty-first day after bid opening, whereupon the bid security furnished by such Bidders will be returned. Bid security with bids which are not competitive will be returned within seven (7) days of bid opening.

13. SCHEDULE OF VALUES:

The apparent successful Bidder must submit, prior to the execution of an Agreement, a preliminary schedule of values for all of the Work. The preliminary schedule of values must be submitted after Bidding by the apparent low Bidder, and the schedule of values must be deemed acceptable by the Engineer, before the Agreement is executed.

14. SECURITY FOR FAITHFUL PERFORMANCE:

In addition to the Agreement, the successful Bidder shall also provide, within the time stipulated, a Construction Performance Bond by a company satisfactory to the Owner in an amount equal to One Hundred Percent (100%) of Estimated Total Contract Price recorded in the bid section of the Contract as executed, and a Construction Payment Bond in like amount will be required from the successful Bidder for faithful performance of the Contract.

TAB C

Forms

Bid Proposal Non-Collusion Affidavit of Bidder

Qualifications Statement Agreement

Construction Performance Bond Construction Payment Bond

BID PROPOSAL FORM


BP- 1

BID PROPOSAL

PROJECT IDENTIFICATION:

Department of Public Works - Construction of a New Salt Storage Structure Public Works Facility – 89 Willimantic Road Columbia, Connecticut

THIS BID IS SUBMITTED TO:

Columbia Town Hall 323 Jonathan Trumbull Highway Columbia, CT, 06237 Attention: Mr. Mark Walter, Town Administrator

The Undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

Bidder accepts all terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty (60) days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within ten (10) days after the date of Owner’s Notice of Award.

In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:

1. Bidder has examined and carefully studied the Bidding Documents and the following Addenda receipt all of which is hereby acknowledged (List Addenda by Addendum Number and Date):

2. Bidder has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work.

3. Bidder is familiar with and is satisfied as to all federal, state and local Laws and regulations that may affect cost, progress, performance and furnishing of the Work.

4. Bidder has carefully studied all reports and explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Utilities at or contiguous to the site. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations,


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tests, studies and data concerning conditions (surface, subsurface, Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Bidder and safety precautions and programs related thereto. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of the Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents.

5. Bidder is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents.

6. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.

7. Bidder has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Bidder has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

8. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.

9. Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

CONTRACT LUMP SUM – ENTIRE PROJECT

Bidder will complete the Work in accordance with the Contract Documents for the following price: _________________________________________________________________ Dollars (in words)

$__________________________________ (in numbers)


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10. Bidder agrees that the Work will be substantially completed and completed and ready for final payment in accordance with Article 14 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

11. Bidder accepts the provisions of the Agreement as to liquidate damages in the event of failure to complete the Work within the times specified in the Agreement.

12. The following documents are attached to and made a part of this Bid:

Required Bid Security in the form of

13. Communications concerning this Bid shall be addressed to the address of Bidder below.

14. Terms used in this Bid which are defined in the General Conditions or Instructions to Bidders will have the same meanings indicated in the General Conditions or Instructions to Bidders.

SUBMITTED on: , 2018 (Seal – if Bid by Corporation) By: Title: Bidder: Address:

SEAL – if Bid is by a Corporation

The undersigned affirms that the above lump sum price represents the entire cost per plans, specifications, addenda, including all labor, materials, tools, equipment, overhead, profit and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other rates affecting the construction industry or this project.

NON-COLLUSION AFFIDAVIT OF BIDDER


NC-1

NON-COLLUSION AFFIDAVIT OF BIDDER

State of: _______________ ) ) SS: County of: _______________ ) _______________________________________ ; being first duly sworn, deposes and says that:

1. He is (owner, partner, officer, representative or agent) of the Bidder that has submitted the attached Bid:

2. He is fully informed regarding the preparation and contents of the attached Bid and of all

pertinent circumstances regarding such Bid: 3. Such Bid is genuine and is not a collusive or sham Bid:

4. Neither the said Bidder nor any of its officers, partners, owner, agents, representatives,

employees or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any Bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage with the Town of Coumbia or any person interested in the proposed Contract.

5. The price quoted in the attached Bid is fair and proper and is not tainted by collusion,

conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest.

Signed: __________________________________________________ Title: __________________________________________________

Subscribed and sworn before me this ___________ day of __________________________, 2018.

Notary Public:________________________________________________________________

My Commission expires _____________________________________________, ___________

BIDDER QUALIFICATIONS STATEMENT


BQ- 1

BIDDER’S QUALIFICATION STATEMENT All bidders are required to complete this form properly and submit it with their proposal. Failure of a bidder to answer any question or provide required information in sufficient detail or providing incorrect or false information may result in bid rejection. (Use back of sheet if necessary for add’l space) 1. State the exact organization name, address, telephone: ________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 2. State the type of organization (Corporation, Partnership, Sole Proprietorship, Other): ________________________________________________________________________ 3. State the number of years this organization has been in business under present name: __________ 4. State the number of years this organization has been in business as a General Contractor: _______ 5. If organization has not always been a General Contractor, list the trade(s) customarily performed

prior to becoming a General Contractor: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 6. If organization has not always been under present name, list all other names by which the organization

has been known and associated length of time: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________


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7. List all licenses (description and number) held by the organization: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

________________________________________________________________________ 8. Has the organization ever failed to complete a contract, or has any officer or partner of the

organization ever been an officer or partner of another organization that failed to complete a contract (Yes/No)? If yes, indicate the circumstances leading to the project failure and the name of the company which provided the bonding for the failed contract(s):

________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 9. List all legal or administrative proceedings currently pending or concluded within the last five years

which relate to procurement or performance of any public or private construction contract: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 10. List all Occupational Safety and Health Act (OSHA) violations cited within the last five years: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________


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11. List all present commitments or obligations that may delay the work: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 12. List all major tasks to be completed on the job as well as who will be performing each task (i.e. your

company or a subcontractor), if a subcontractor will be utilized, please identify by name: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 13. List five projects and associated references contact information for similar projects performed

demonstrating ability to complete job within the time required and within the established budget. Preference is for projects of similar size and scope to this project. Provide project name, address, original contract amount, final contract amount, date completed, owner & reference contact:

________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________


BQ- 4

________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 14. List previous relevant construction experience within the past 2 years: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Dated at ____________________________________________________________________ this __________day of ______________________, 2018. Name of Organization: ___________________________________________________________________________ Signature: __________________________________________ (Print Name): _______________________________________ Title: _____________________________________________ Notary Statement:


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Mr./Mrs./Ms. ___________________________________________________ being duly sworn deposes and says that he/she is the ___________________________________(Position/Title) of __________________________________________________________(Organization Name), and that all of the answers and statements contained therein are true and accurate. Subscribed and sworn before me this ___________ day of __________________________, 2018. Notary Public: _______________________________________________________________ My Commission expires: ____________________________________________, ___________

AGREEMENT


A-1

AGREEMENT

BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE

THIS AGREEMENT is dated as of the ______ day of _________________ in the year _______ by and between the Town of Columbia (hereinafter called OWNER) and ______________________________________________ (hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

Article 1. WORK

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

This project generally consists of the construction of a new fabric salt storage structure and associated improvements at the Columbia Department of Public Works.

Article 2. ENGINEER

The Project has been designed by:

Anchor Engineering Services, Inc. 41 Sequin Drive Glastonbury, Connecticut 06033 Phone: (860) 633-8770

who is hereinafter called ENGINEER and who is to act as OWNER's representative from time to time, assume some duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. OWNER will perform most of the duties associated with processing applications for payments in lieu of ENGINEER.

Article 3. CONTRACT TIMES

3.1 The Work will be substantially completed within one hundred and fifty (150) consecutive calendar days of issuance of Notice to Proceed as provided in paragraph 2.03 of the General Conditions and as modified by the Supplementary Conditions.

3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER may suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a


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penalty) CONTRACTOR shall pay OWNER five hundred dollars ($500.00) for each calendar day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER five hundred dollars ($500.00) for each calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment.

Article 4. CONTRACT PRICE

OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2 below:

4.1 In accordance with the Lump Sum Price contained in the Contractor’s Bid Proposal (BP-1 thru BP-4) - $_____________.

Article 5. PAYMENT PROCEDURES

CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by OWNER or ENGINEER as provided in the General Conditions and Supplementary Conditions.

5.1 Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by the ENGINEER, each month during construction as provided in paragraphs 5.1.1 and 5.1.2. below. All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions (and in the case of Unit Price Work based on the number of units completed), or, in the event there is no schedule of values, as provided in the General Requirements.

5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions.

90% of Work completed (with the balance being retainage).

90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.02 of the General Conditions).

5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 98% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions.


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5.2 Final Payment. At the end of the One Year Correction Period, the CONTRACTOR shall submit to ENGINEER an Application for Payment of the retainage in accordance with paragraph 14.07 of the General Conditions.

Article 6. INTEREST

All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the project.

Article 7. CONTRACTOR'S REPRESENTATIONS

In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations:

7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Proposal Documents including “technical data”.

7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work.

7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work.

7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.0.2 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph 4.0.2 of the Supplementary Conditions of the extent of the “technical data” contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.0.2 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the


A-4

Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents.

7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents.

7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.

7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written solution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Article 8. CONTRACT DOCUMENTS

The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following:

8.1 This Agreement (pages A-1 to A-6, inclusive).

8.2 Exhibits to this Agreement (Exhibits A, B, C, D, E, ....).

8.2a Exhibit A – Contractor’s Certificate of Insurance

8.2b Exhibit B – Contractor’s Performance Bond & Payment Bond.

8.2c Exhibit C – Contractor’s Bid

8.2d Exhibit D – Bid Addenda (if any….)

8.2e Exhibit E – Original Contract Bid Documents.

8.3 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.0.4 of the General Conditions.

The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above).

There are no Contract Documents other than those listed in this Article 8. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.0.4 of the General Conditions.


A-5

Article 9. MISCELLANEOUS

9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions.

9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.

9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.


A-6

IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement, in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on _________, 2018, (which is the Effective Date of the Agreement).

OWNER: CONTRACTOR:

Town of Columbia

By: By:

[CORPORATE SEAL] [CORPORATE SEAL]

Attest Attest

Address for giving notices: Address for giving notices:

(If OWNER is a public body, attach License No. evidence of authority to sign and resolution or other documents authorizing execution of Agent for service of process: Agreement.)

(If CONTRACTOR is a corporation, attach evidence of authority to sign.)

BID BOND

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PERFORMANCE BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title: Surety’s Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.)

Attest: Signature and Title CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title: Surety’s Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title:

EJCDC No. C-610 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects.

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1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 2. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after:

3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and

3.2. Owner has declared a Contractor Default and formally terminated

Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3.1; and

3.3. Owner has agreed to pay the Balance of the Contract Price to:

1. Surety in accordance with the terms of the Contract;

2. Another contractor selected pursuant to Paragraph 4.3 to perform the

Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions:

4.1. Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or

4.2. Undertake to perform and complete the Contract itself, through its agents or

through independent contractors; or

4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or

4.4. Waive its right to perform and complete, arrange for completion, or obtain

a new contractor and with reasonable promptness under the circumstances:

1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or

2. Deny liability in whole or in part and notify Owner citing reasons

therefor. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner.

6. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for:

6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract;

6.2. Additional legal, design professional, and delay costs resulting from

Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and

6.3. Liquidated damages, or if no liquidated damages are specified in the

Contract, actual damages caused by delayed performance or non-performance of Contractor.

7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions.

12.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract.

12.2. Contract: The agreement between Owner and Contractor identified on the

signature page, including all Contract Documents and changes thereto.

12.3. Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract.

12.4. Owner Default: Failure of Owner, which has neither been remedied nor

waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof.

FOR INFORMATION ONLY – Name, Address and Telephone Surety Agency or Broker Owner’s Representative (engineer or other party)

CONSTRUCTION PAYMENT BOND

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PAYMENT BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title: Surety’s Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.)

Attest: Signature and Title CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title: Surety’s Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title:

EJCDC No. C-615 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors.

00615-1

1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor:

2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and

2.2. Defends, indemnifies, and holds harmless Owner from all claims,

demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default.

3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until:

4.1. Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.

4.2. Claimants who do not have a direct contract with Contractor:

1. Have furnished written notice to Contractor and sent a copy, or notice

thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and

2. Have either received a rejection in whole or in part from Contractor,

or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and

3. Not having been paid within the above 30 days, have sent a written

notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor.

5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions:

6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed.

6.2. Pay or arrange for payment of any undisputed amounts.

7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety.

8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS

15.1. Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished.

15.2. Contract: The agreement between Owner and Contractor identified on

the signature page, including all Contract Documents and changes thereto.

15.3. Owner Default: Failure of Owner, which has neither been remedied nor

waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof.

FOR INFORMATION ONLY – Name, Address and Telephone Surety Agency or Broker: Owner’s Representative (engineer or other party):

TAB D

General Conditions

EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.

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This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law.

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

Prepared by

ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

and

Issued and Published Jointly By

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the

NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS ___________________

AMERICAN COUNCIL OF ENGINEERING COMPANIES

___________________

AMERICAN SOCIETY OF CIVIL ENGINEERS

This document has been approved and endorsed by

The Associated General Contractors of America

Construction Specifications Institute


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Copyright ©2002

National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314

American Council of Engineering Companies

1015 15th Street, N.W., Washington, DC 20005

American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400

These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002 Edition).


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TABLE OF CONTENTS

Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY .............................................................................................................. 6

1.01 Defined Terms .......................................................................................................................................................... 6 1.02 Terminology ............................................................................................................................................................. 8

ARTICLE 2 - PRELIMINARY MATTERS ............................................................................................................................... 9 2.01 Delivery of Bonds and Evidence of Insurance ......................................................................................................... 9 2.02 Copies of Documents ............................................................................................................................................... 9 2.03 Commencement of Contract Times; Notice to Proceed ........................................................................................... 9 2.04 Starting the Work ..................................................................................................................................................... 9 2.05 Before Starting Construction ................................................................................................................................... 9 2.06 Preconstruction Conference .................................................................................................................................... 9 2.07 Initial Acceptance of Schedules ............................................................................................................................... 9

ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ...................................................................... 10 3.01 Intent ...................................................................................................................................................................... 10 3.02 Reference Standards .............................................................................................................................................. 10 3.03 Reporting and Resolving Discrepancies ................................................................................................................ 10 3.04 Amending and Supplementing Contract Documents .............................................................................................. 11 3.05 Reuse of Documents ............................................................................................................................................... 11 3.06 Electronic Data ...................................................................................................................................................... 11

ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS ................................................................................................ 11

4.01 Availability of Lands .............................................................................................................................................. 11 4.02 Subsurface and Physical Conditions ...................................................................................................................... 12 4.03 Differing Subsurface or Physical Conditions ........................................................................................................ 12 4.04 Underground Facilities .......................................................................................................................................... 13 4.05 Reference Points .................................................................................................................................................... 13 4.06 Hazardous Environmental Condition at Site ......................................................................................................... 13

ARTICLE 5 - BONDS AND INSURANCE ............................................................................................................................. 14 5.01 Performance, Payment, and Other Bonds .............................................................................................................. 14 5.02 Licensed Sureties and Insurers .............................................................................................................................. 15 5.03 Certificates of Insurance ........................................................................................................................................ 15 5.04 Contractor’s Liability Insurance ........................................................................................................................... 15 5.05 Owner’s Liability Insurance .................................................................................................................................. 16 5.06 Property Insurance ................................................................................................................................................ 16 5.07 Waiver of Rights ..................................................................................................................................................... 17 5.08 Receipt and Application of Insurance Proceeds .................................................................................................... 17 5.09 Acceptance of Bonds and Insurance; Option to Replace ....................................................................................... 17 5.10 Partial Utilization, Acknowledgment of Property Insurer ..................................................................................... 18

ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES .......................................................................................................... 18 6.01 Supervision and Superintendence .......................................................................................................................... 18 6.02 Labor; Working Hours ........................................................................................................................................... 18 6.03 Services, Materials, and Equipment ...................................................................................................................... 18 6.04 Progress Schedule .................................................................................................................................................. 18 6.05 Substitutes and “Or-Equals” ................................................................................................................................. 19 6.06 Concerning Subcontractors, Suppliers, and Others............................................................................................... 20 6.07 Patent Fees and Royalties ...................................................................................................................................... 21 6.08 Permits ................................................................................................................................................................... 21 6.09 Laws and Regulations ............................................................................................................................................ 21 6.10 Taxes ...................................................................................................................................................................... 22 6.11 Use of Site and Other Areas ................................................................................................................................... 22 6.12 Record Documents ................................................................................................................................................. 22 6.13 Safety and Protection ............................................................................................................................................. 22 6.14 Safety Representative ............................................................................................................................................. 23 6.15 Hazard Communication Programs ........................................................................................................................ 23


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6.16 Emergencies ........................................................................................................................................................... 23 6.17 Shop Drawings and Samples ................................................................................................................................. 23 6.18 Continuing the Work .............................................................................................................................................. 24 6.19 Contractor’s General Warranty and Guarantee .................................................................................................... 24 6.20 Indemnification ...................................................................................................................................................... 24 6.21 Delegation of Professional Design Services .......................................................................................................... 25

ARTICLE 7 - OTHER WORK AT THE SITE ......................................................................................................................... 25 7.01 Related Work at Site............................................................................................................................................... 25 7.02 Coordination .......................................................................................................................................................... 26 7.03 Legal Relationships ................................................................................................................................................ 26

ARTICLE 8 - OWNER’S RESPONSIBILITIES ...................................................................................................................... 26 8.01 Communications to Contractor .............................................................................................................................. 26 8.02 Replacement of Engineer ....................................................................................................................................... 26 8.03 Furnish Data .......................................................................................................................................................... 26 8.04 Pay When Due ....................................................................................................................................................... 26 8.05 Lands and Easements; Reports and Tests .............................................................................................................. 26 8.06 Insurance ............................................................................................................................................................... 26 8.07 Change Orders ....................................................................................................................................................... 26 8.08 Inspections, Tests, and Approvals .......................................................................................................................... 26 8.09 Limitations on Owner’s Responsibilities ............................................................................................................... 27 8.10 Undisclosed Hazardous Environmental Condition ................................................................................................ 27 8.11 Evidence of Financial Arrangements ..................................................................................................................... 27

ARTICLE 9 - ENGINEER’S STATUS DURING CONSTRUCTION ..................................................................................... 27 9.01 Owner’s Representative ......................................................................................................................................... 27 9.02 Visits to Site ........................................................................................................................................................... 27 9.03 Project Representative ........................................................................................................................................... 27 9.04 Authorized Variations in Work .............................................................................................................................. 27 9.05 Rejecting Defective Work ....................................................................................................................................... 27 9.06 Shop Drawings, Change Orders and Payments ..................................................................................................... 28 9.07 Determinations for Unit Price Work ...................................................................................................................... 28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................................................... 28 9.09 Limitations on Engineer’s Authority and Responsibilities ..................................................................................... 28

ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ........................................................................................................... 28 10.01 Authorized Changes in the Work ........................................................................................................................... 28 10.02 Unauthorized Changes in the Work ....................................................................................................................... 29 10.03 Execution of Change Orders .................................................................................................................................. 29 10.04 Notification to Surety ............................................................................................................................................. 29 10.05 Claims .................................................................................................................................................................... 29

ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK .................................................................. 30 11.01 Cost of the Work .................................................................................................................................................... 30 11.02 Allowances ............................................................................................................................................................. 31 11.03 Unit Price Work ..................................................................................................................................................... 31

ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ..................................................... 32 12.01 Change of Contract Price ...................................................................................................................................... 32 12.02 Change of Contract Times ..................................................................................................................................... 33 12.03 Delays .................................................................................................................................................................... 33

ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ....... 33 13.01 Notice of Defects .................................................................................................................................................... 33 13.02 Access to Work ....................................................................................................................................................... 33 13.03 Tests and Inspections ............................................................................................................................................. 33 13.04 Uncovering Work ................................................................................................................................................... 34 13.05 Owner May Stop the Work ..................................................................................................................................... 34 13.06 Correction or Removal of Defective Work ............................................................................................................. 34 13.07 Correction Period .................................................................................................................................................. 34 13.08 Acceptance of Defective Work ............................................................................................................................... 35 13.09 Owner May Correct Defective Work...................................................................................................................... 35

ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION .............................................................................. 36 14.01 Schedule of Values ................................................................................................................................................. 36 14.02 Progress Payments ................................................................................................................................................ 36 14.03 Contractor’s Warranty of Title .............................................................................................................................. 37 14.04 Substantial Completion .......................................................................................................................................... 37


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14.05 Partial Utilization .................................................................................................................................................. 38 14.06 Final Inspection ..................................................................................................................................................... 38 14.07 Final Payment ........................................................................................................................................................ 38 14.08 Final Completion Delayed ..................................................................................................................................... 39 14.09 Waiver of Claims ................................................................................................................................................... 39

ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ......................................................................................... 39 15.01 Owner May Suspend Work ..................................................................................................................................... 39 15.02 Owner May Terminate for Cause ........................................................................................................................... 39 15.03 Owner May Terminate For Convenience ............................................................................................................... 40 15.04 Contractor May Stop Work or Terminate .............................................................................................................. 40

ARTICLE 16 - DISPUTE RESOLUTION ................................................................................................................................ 41 16.01 Methods and Procedures ....................................................................................................................................... 41

ARTICLE 17 - MISCELLANEOUS ......................................................................................................................................... 41 17.01 Giving Notice ......................................................................................................................................................... 41 17.02 Computation of Times ............................................................................................................................................ 41 17.03 Cumulative Remedies ............................................................................................................................................. 41 17.04 Survival of Obligations .......................................................................................................................................... 41 17.05 Controlling Law ..................................................................................................................................................... 41 17.06 Headings ................................................................................................................................................................ 41


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GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement--The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment--The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid--The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder--The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents--The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order--A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract

Times, issued on or after the Effective Date of the Agreement. 10. Claim--A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract--The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor’s submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price--The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) com-plete the Work so that it is ready for final payment as evidenced by Engineer’s written recommendation of final payment. 15. Contractor--The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work--See Paragraph 11.01.A for definition. 17. Drawings--That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer--The individual or entity named as such in the Agreement.


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20. Field Order--A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 23. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations--Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone--A principal event specified in the Contract Documents relating to an intermediate comple-tion date or time prior to Substantial Completion of all the Work. 27. Notice of Award--The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed--A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner--The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs--Polychlorinated biphenyls. 31. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline,

kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule--A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. 33. Project--The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual--The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material--Source, special nucle-ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative--The autho-rized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals--A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values--A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. 41. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site--Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands


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furnished by Owner which are designated for the use of Contractor. 43. Specifications--That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 44. Subcontractor--An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder--The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions--That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier--A manufacturer, fabricator, suppli-er, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities--All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work--Work to be paid for on the basis of unit prices. 51. Work--The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating

all materials and equipment into such construction, all as required by the Contract Documents. 52. Work Change Directive--A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered”, “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:


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a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Docu-ments, or c. has been damaged prior to Engineer’s -recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05).

E. Furnish, Install, Perform, Provide 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When “furnish,” “install,” “perform,” or “pro-vide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, “provide” is implied. F. Unless stated otherwise in the Contract Docu-ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or

any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi-vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to


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discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor’s full responsibility therefor. 2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor’s Schedule of Values will be accept-able to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equip-ment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9.

3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula-tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon-sibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents


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has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu-ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and:

a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in viola-tion of such Law or Regulation).

3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer’s approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer’s written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or

other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer’s consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands


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A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner’s furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner’s interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equip-ment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or

2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur-face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer’s Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer’s findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following:

a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and


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b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03.

2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if:

a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo-ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A.

3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and

2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for:

a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under-ground Facilities and repairing any damage thereto resulting from the Work.

B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Under-ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points


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A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re-vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.

D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obli-gate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.


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H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as pub-lished in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent’s authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02.

5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor’s Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus-tained:

a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or


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b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple-mentary Conditions, all of whom shall be listed as addi-tional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor’s indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur-ance, and any insurance coverage written on a claims-made basis, remain in effect for at least two years after final payment.

a. Contractor shall furnish Owner and each other additional insured identified in the Supple-mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter.

5.05 Owner’s Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple-mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder’s Risk “all-risk” or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer;


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5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi-cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor-dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supple-mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser’s own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all

other individuals or entities identified in the Supple-mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplemen-tary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Com-pletion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them.


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5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order . B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner’s exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before

the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, tech-nique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin-tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu-ments. Contractor shall at all times maintain good disci-pline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner’s written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery,


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tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust-ments will comply with any provisions of the General Re-quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. “Or-Equal” Items: If in Engineer’s sole discre-tion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an “or-equal” item, in which case review and approval of the

proposed item may, in Engineer’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if:

a. in the exercise of reasonable judgment Engineer determines that:

1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; and

b. Contractor certifies that, if approved and incorporated into the Work:

1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents.

2. Substitute Items

a. If in Engineer’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute


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item of material or equipment that Contractor seeks to furnish or use. The application:

1) shall certify that the proposed substi-tute item will:

a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified;

2) will state:

a) the extent, if any, to which the use of the proposed substitute item will preju-dice Contractor’s achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu-ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and c) whether or not incorporation or use of the proposed substitute item in con-nection with the Work is subject to payment of any license fee or royalty;

3) will identify:

a) all variations of the proposed substitute item from that specified , and b) available engineering, sales, maintenance, repair, and replacement services;

4) and shall contain an itemized esti-mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change,

B. Substitute Construction Methods or Proce-dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer’s sole discretion, to determine that the substitute proposed is equivalent to that expressly

called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No “or equal” or substitute will be ordered, installed or utilized until Engineer’s review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an “or equal.” Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. E. Engineer’s Cost Reimbursement: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon-tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supple-mentary Conditions, Owner’s acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such


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Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued . No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor 2. shall anything in the Contract Documents create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro-priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and

the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer,, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringe-ment of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorpo-ration in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple-mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise


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expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip-ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners,

employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent proper-ty to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau-tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work;


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2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). D. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordi-nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.

6.16 Emergencies A. In emergencies affecting the safety or protec-tion of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings

a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D.

2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals.

a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D.

B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals , any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor.


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C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified:

a. all field measurements, quantities, dimen-sions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents.

2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing’s or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer’s Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular

means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer’s review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer’s review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor-rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Docu-ments and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub-contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance


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with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil-ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the perfor-mance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts.

C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer’s officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1.


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E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner’s employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con-tract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work.

7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibili-ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor’s actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor’s action or inactions. ARTICLE 8 - OWNER’S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents.


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8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner’s duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner’s responsibilities, if any, in respect to purchasing and maintaining liability and property insur-ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner’s responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undis-closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents, Owner’s

responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER’S STATUS DURING CONSTRUCTION 9.01 Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsi-bilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at inter-vals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not


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Engineer’s consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment , a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer’s authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer’s authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be

final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer’s decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer’s written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.


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C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer’s review of the final Application for Payment and accompanying documentation and all mainte-nance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibil-ity set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A.Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri-ate Change Orders recommended by Engineer covering:

1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner’s correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer’s Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph


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12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant’s last submittal (unless Engineer allows additional time). C. Engineer’s Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer’s sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer’s written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.B.

1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make pay-ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following:

a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte-nance, of all materials, supplies, equipment,


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machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor-mance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip-ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensat-ed by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work.

i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain.

B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor-neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent pay-ments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A and 11.01.B. C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances


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A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that:

a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor’s costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid.

C. Contingency Allowance

1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agree-ment. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item.

D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi-cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica-tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agree-ment to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor’s Fee: The Contractor’s fee for overhead and profit shall be determined as follows:


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1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work:

a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor’s fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor’s fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive.

12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12.

12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to


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Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con-tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor

without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense unless Contractor has given Engineer timely notice of Contractor’s intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer’s observation and replaced at Contractor’s expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all neces-sary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them.


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13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor.

C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications . D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer’s recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer’s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take


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possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Docu-ments with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provid-ed in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Applica-tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such

supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief:

a. the Work has progressed to the point indicat-ed; b. the quality of the Work is generally in accor-dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and


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c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work.

3. By recommending any such payment Engineer will not thereby be deemed to have represented that:

a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi-bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.

4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer:

a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens.

5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subse-quently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer’s opinion to protect Owner from loss because:

a. the Work is defective, or completed Work has been damaged, requiring correction or replace-ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A.

C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because:

a. claims have been made against Owner on account of Contractor’s performance or furnish-ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A.

2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner’s satisfaction the reasons for such action. 3. If it is subsequently determined that Owner’s refusal of payment was not justified, the amount


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wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor’s notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner’s objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer’s issuing the definitive certificate of Substantial Completion, Engineer’s aforesaid recommendation will be binding on Owner and Contractor until final payment.

E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan-tially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons there-for. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Com-pletion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately


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take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all main-tenance and operating instructions, schedules, guaran-tees, bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by:

a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work.

3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer’s Review of Application and Acceptance 1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract

Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu-mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to liquidated damages, will become due and , will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor’s final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor’s


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continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust-ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor’s disregard of the authority of Engineer; or 4. Contractor’s violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor’s tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be

used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the


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effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this Paragraph.

ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer’s action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times


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A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.

17.04 Survival of Obligations A. All representations, indemnifications, warran-ties, and guarantees made in, required by, or given in accor-dance with the Contract Documents, as well as all continu-ing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings

A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.

TAB E

Supplementary Conditions


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SUPPLEMENTARY CONDITIONS

These Supplementary Conditions amend or supplement the General Conditions and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect.

Article 1 Revisions:

1.01.29 Owner

After the word “performed,” add the words “Owner may designate in writing one or more authorized representatives who shall have express authority to bind the Owner with respect to matters requiring Owner’s approval or authorization. The Engineer does not have such authority. The term “Owner” means the Owner, and the Owner’s Authorized Representative. The Owner’s Authorized Representative is not to be confused with the owner’s representative to which Article 9 refers.”


2.05 Before Starting Construction

To Paragraph 2.05.A, after the word “review,” add the words “and Owner’s approval:”

Delete Article 2.05.B.3 and add the following new Article 2.05.D:

Documentation submitted by CONTRACTOR prior to execution of Agreement shall include a preliminary schedule of values for all of the Work that includes quantities and prices of items which, when added together, equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. The approved schedule of values shall follow the format provided in the Bidding Documents.

2.07 Initial Acceptance of Schedules

To Paragraph 2.07.A, after the word “Engineer,” in line 4, add the words “and Owner”. And after the word “Engineer” in line 10, add the words “for its review and the Owner’s approval.”

To Paragraph 2.07.A.1, after the word “Engineer,” in line 2, add the words “and Owner”. And after the word “Engineer” in line 4, add the words “and Owner.” And after the word “therefore” in line 8, add “The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. A Contractor’s construction schedule and any and all updates shall be prepared and maintained by the Contractor using the Critical Path Method and shall contain a minimum


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of 200 activities. The Contractor shall submit its schedules to the Owner and Engineer at regular intervals, not to exceed one month. Each submittal shall include, at a minimum, plots of bar charts showing progress of the Work, Total Float and Critical Paths, in addition to a listing of the supporting data organized in tabular form. The Contractor’s construction schedule updates shall identify the Work completed to date based on completed activities as a percentage of the total Work.”

To Paragraph 2.07.A.2, after the word “Engineer,” in line 2, add the words “and Owner”. To Paragraph 2.07.A.3, after the word “Engineer,” in line 2, add the words “and Owner”.


3.07 Add the following:

The Contract Documents are complementary; what is called for by one is as binding as if called for by all. In resolving conflicts, errors, and discrepancies, the documents shall be given precedence in the following order: Agreement, Specifications, Drawings. Within the specifications the order of precedence shall be as follows: Special Provisions, Instructions to Bidders, General Conditions, Technical Provisions. Figure dimensions on Drawings shall govern over scale/dimensions, and detailed Drawings shall govern over general Drawings. The Contractor assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents, work, locality, and local conditions that may in any manner affect the work to be done.


4.01 Availability of Lands

Add the following:

D. If the Contractor, by direct negotiation and bargaining with any land owner, lessee or tenant, has secured for himself any right to use more space or greater privileges in the space provided for purposes incidental to the performance of the Contract, he shall, upon request of the Owner's Representative, furnish to the Owner's Representative proper evidence that such additional right have been properly secured and assurance that no damage to or claim upon the Owner will arise there from. The Owner shall not be liable in any way for any expense incurred by the Contractor in securing any such right to use additional property.

E. If access is provided by means of any road or driveway or through private lands, the Contractor shall permit the regular Owners or users thereof to use the same so far as it is consistent with the construction of the work. If any existing driveway or road is damaged by his use thereof, the Contractor, at its sole expense, shall at once restore it to as good condition as it would have been had he not used it. The Contractor and those under him using any private road or driveway must assume to use that road or driveway on an “as is” basis and use it at their own risk. Neither the Owner nor the land owner shall be liable for damage to persons or property of the Contractor's forces arising from


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any defect in such road or driveway, except as such defect may be the consequence of negligence of the Owner or the land owner after the award of the Contract.

4.05 Reference Points

To Paragraph 4.05.A, after the word “Work,” in line 4, add the words “The Contractor shall be entitled to rely on the accuracy of the information furnished by the Owner unless the Contractor has actual knowledge to the contrary.”


5.01 Performance, Payment, and Other Bonds

To Paragraph 5.01.A, add “The Contractor shall deliver the executed, approved bonds to the Owner at the time of execution of this Contract. In the alternative, Contractor shall furnish Owner with an irrevocable, documentary standby letter of credit in the amount of the Contract sum. The letter of credit may be drawn upon by the Owner if a default under the Contract occurs and/or to pay any Liquidated Damages Amount. If the Owner draws on the letter of credit to pay any of the Liquidated Damages amounts, the Contractor shall remain liable for any remaining Liquidated Damages Amount after such draw(s). The letter of credit (a) shall be in a form and by a financial institution reasonably acceptable to the Owner, (b) shall be payable on sight draft, in partial draws, if applicable, to Owner without other conditions except for the beneficiaries certificate that it is entitled to draw thereon, (c) shall not expire prior to Final Completion of the Work, and (d) shall be for an initial term of one (1) year, which term shall be automatically renewable for subsequent one-year terms thereafter, or for an initial term of one (1) year with a provision that the Owner receive thirty (30) days prior written notice of the termination date of the letter of credit, at which time the Owner may draw on the letter of credit, whether or not a default under the Contract exists, prior to such termination date; provided, however, that such letter of credit shall be returned no later than thirty (30) days following Final Completion of all of the work. The Contractor shall deliver such executed, approved letter of credit to Owner at the time of the execution of this Contract.”

5.03 Certificates of Insurance

To Paragraph 5.03.A, add “Contractor shall also deliver to Owner copies of each of the insurance policies required of Contractor under this Contract, including without limitation, declarations, and any other document evidencing types of coverage, limits of coverage, insureds, and additional insureds.”

5.04 Contractor’s Liability Insurance

Add the following:

C. The insurance required by Paragraph 5.04 shall be written for not less than amounts set forth below or required by law, whichever coverage is greater. Coverages shall be maintained without interruption from date of commencement of the Work until date


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of final payment and termination of any coverage required to be maintained after final payment. Such coverages shall be maintained by insurance carriers acceptable to Owner and Owner’s lender in all respects.

1. Workers’ Compensation and Employer’s Liability Insurance: Workers’

Compensation limits shall not be less than those statutorily required in the State of Connecticut and shall include Employers Liability limits of liability of $1,000,000 bodily injury per accident/employee; $1,000,000 bodily injury per disease/employee; $1,000,000 policy by disease;

2. Commercial General Liability Insurance: Limits of liability shall not be less than

Two Million dollars ($2,000,000) per occurrence combined Bodily Injury and Property Damage and Four Million dollars ($4,000,000) in the aggregate. The limits may be provided through a combination of Primary and Umbrella/Excess Liability policies acceptable to the Owner;

3. Commercial Automobile Liability Insurance: Limits of liability shall not be less

than Two Million dollars ($2,000,000) per occurrence combined Bodily Injury and Property Damage. The limit may be provided through a combination of Primary and Umbrella/Excess Liability policies acceptable to the Owner;

4. The Contractor shall, within 30 days of being awarded the contract, provide the

Owner with copies of the insurance policies required of it under this contract, each of which names the Town of Columbia as additional insureds.

5. The amount of insurance contained in aforementioned insurance coverage shall not

be construed to be a limitation of the obligation or liability on the part of the Contractor or any of its subcontractors under the provisions of this Contract or at law.

6. The aforementioned insurance coverage outlined in this section and any other

coverage that Contractor may consider necessary are the Contractor’s sole responsibility and any deficiency in coverage or policy limits of the Contractor will be the sole responsibility of the Contractor.

7. In the event of failure of the Contractor to furnish and maintain the

aforementioned insurance and to furnish satisfactory evidence thereof, such failure shall constitute a breach of this Contract and the Owner shall have the right, in addition to any other rights, to immediately cancel and terminate this Contract without any further costs to the Owner or, at the Owner’s option, to take out and maintain the same on behalf of the Contractor who agrees to furnish all necessary information relative thereto and to pay the cost thereof to the Owner immediately upon presentation of a bill


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D. Insurance requirements shall also apply to all Subcontractors, and the Contractor shall not allow any Subcontractor to commence work until the Subcontractor's insurance has been obtained.

5.06 Property Insurance

Delete Paragraph 5.06.A.2, and replace with the following new Paragraph 5.06.A.2: “Property insurance shall be on an “all-risk” form and shall include, without limitation, insurance against earthquake, flood, windstorm, falsework, testing and startup, demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Engineer’s and Contractor’s services and expenses required as a result of such insured loss.”

To Paragraph 5.06.B, in line 10, delete the words “and shall be listed as an insured or additional insured.”

5.07 Waiver of Rights

To Paragraph 5.07.A, in line 14, delete the words “Owner and”, replace the word “waive,” with “waives”, and after the word “against”, add “Owner.” From line 15, delete the word “their” and replace with “its”. Add “The Contractor shall require of the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of the Owner. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged.”

Add the following:

D. Claims for Consequential Damages. Except as otherwise provided in the Contract

Documents, the Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes:

1. damages incurred by the Owner for rental expenses, for losses of use, income, profit,

financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and

2. damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work.


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This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 15. Nothing contained in this section 5.07 shall be deemed to preclude an award of liquidated non-consequential damages, when applicable, in accordance with the requirements of the Contract Documents.”


6.01 Supervision and Superintendence

To Paragraph 6.01.A, after the phrase “Contract Documents” in line 5, add “in a manner consistent with the degree of care and skill usually exercised by contractors experienced in projects of similar scope and in accordance with the standards of skill and care expected of contractors experienced in projects similar to the Project. Under no circumstances shall the quality and completeness of Work be less than recognized industry standards.”

To Paragraph 6.01.B, add “The Superintendent shall be satisfactory to the Owner and the Owner shall have the right to request Contractor to dismiss from the Project any Superintendent whose performance is not satisfactory to Owner. In the event Owner and Contractor fail to agree as to whether such dismissal is warranted, the Engineer shall make such determination and both parties shall agree to abide by the decision of the Engineer. The Contractor shall not replace the Superintendent without the consent of the Owner, which consent shall not be unreasonably withheld.”

6.02 Labor; Working Hours

To Paragraph 6.02.A, after the word “Site” in line 5, add “The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. If the Owner or Engineer has reasonable objection to an employee of the Contractor or any of its Subcontractors, the Contractor must submit an acceptable substitute person or entity to the Owner.”

6.04 Progress Schedule

To Paragraph 6.04.A.1, after the words “Engineer for”, add “review and Owner”.

6.06 Concerning Subcontractors, Suppliers, and Others

To Paragraph 6.06.A, add “Unless otherwise stated in the Contract Documents or the proposal requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Owner will promptly reply to the Contractor in writing stating whether or not the Owner or the Engineer, after due investigation, has reasonable


SC-7

objection to any such proposed person or entity. Failure of the Owner or Engineer to reply promptly shall constitute notice of no reasonable objection.”

To Paragraph 6.06.G, add “Any part of the work performed for the Contractor by a Subcontractor shall be pursuant to a written Subcontract between the Contractor and Subcontractor. Copies of all Subcontractor proposals, and ultimately, subcontracts, shall, upon request of Owner, be submitted to Owner and Engineer.”

Add the following:

“H. The Contractor shall obtain lien waivers from Subcontractors and material suppliers

upon payment to such parties and shall supply copies of the same to Owner promptly upon receipt thereof. If Contractor fails to comply with the provisions of this Paragraph 6.06.H, and for so long as such failure continues, Owner may make all payments attributable to a Subcontractor or material supplier co-payable to the Contractor and such Subcontractor or material supplier.”

6.08 Permits

To Paragraph 6.08.A, add “The Contractor will perform and complete the Work in accordance with all requirements of law and with the Contract Documents and no work shall be undertaken until the Contractor has been issued all required permits. Contractor shall prosecute all work diligently to assure completion no later than the date specified therefore.”

6.09 Laws and Regulations

To Paragraph 6.09.A, after the word “Work” in line 3, add “Contractor shall review the Contract Documents and notify the Owner and the Engineer of any discrepancy between building codes and regulations of which the Contractor has actual knowledge without independent investigation. The Contractor shall not violate any zoning, set-back or other locational requirements of applicable laws, codes or ordinances, or of any recorded covenants of which the Contractor has actual knowledge. If the Contractor observes or is told by any building inspector that portions of the Contract Documents are at variance with applicable laws, statutes ordinances, building codes, rules or regulations, the Contractor shall promptly notify the Engineer and Owner in writing, and necessary changes shall be accomplished by appropriate modification.”

Add the following:

“D. The Contractor shall be responsible to procure Certificate(s) of Occupancy from the authorities having jurisdiction.”

“E. The Contractor shall maintain policies of employment as follows:

1. The Contractor and the Contractor’s subcontractors shall not discriminate against

any employee or applicant for employment because of race, religion, color, sex, or


SC-8

national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the policies of non-discrimination.

2. The Contractor and the Contractor’s Subcontractors shall, in all solicitations or

advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, or national origin.”

6.11.A.1 Use of Site and Other Areas

A.1 “The exact limit of Work and equipment storage shall be verified and agreed to by Owner and Contractor in the field.”

6.12 Record Documents

To Paragraph 6.12.A, add “In the event that either party to this Agreement terminates the Agreement, the Contract Documents and Project files that were maintained in paper and electronic formats shall be the property of and reside with the Owner.”

6.19 Contractor’s General Warranty and Guaranty

To Paragraph 6.19.A, after the word “guarantee” in line 5, add “The Contractor warrants to the Owner and Engineer that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Owner or Engineer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The Contractor further warrants and represents that:

1. The Contractor is financially solvent, able to pay all debts as they mature and possessed

of sufficient working capital to complete the work and perform all obligations under the Contract Documents;

2. the Contractor is able to furnish the tools, materials, supplies, equipment and labor

required to complete the work and perform all obligations under the Contract Documents, and has sufficient experience and competence to do so;


SC-9

3. the Contractor is authorized to do business in the state where the Project is located and is properly licensed by all necessary governmental, public and other authorities having jurisdiction over the Contractor and the Project;

4. the persons executing the Contract Documents are authorized to do so; 5. the Contractor has visited the site of the Project and become familiar with the Contract

Documents and the conditions of the site, and knows of no reason why the work cannot be performed as set forth in the Contract Documents;

6. The Contractor shall warrant all Work for a period of one (1) year after Final

Completion; and 7. The Contractor shall assign any extended warranties (in excess of the Contractor’s one

(1) year warranty) on equipment and materials furnished as part of the Work to the Owner.”

6.20 Indemnification

To Paragraph 6.20.A, after the word “performance” in line 10, add “or non-performance”.

Article 7 Revision:

7.01 Related Work at Site To Paragraph 7.01.C, after the word “Engineer” in line 4, add “and Owner.” Article 8 Revision:

8.11 Evidence of Financial Arrangements

Delete Paragraph 8.11.A in its entirety. Article 9 Revision:

9.04 Authorized variations in Work

To Paragraph 9.04.A, after the word “Engineer,” in line 1, add the words “after having received approval from the Owner,”.

9.08 Decisions on Requirements of Contract Documents and Acceptability of Work

Delete Paragraph 9.08.A in its entirety.

9.09 Limitations on Engineer’s Authority and Responsibility


SC-10

Add the following:

“F. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Owner’s designated representative about matters arising out of or relating to the Contract. Communications by and with the Engineer’s consultants shall be through the Engineer. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner’s designated representative.”

Article 10 Revision:

10.05 Claims

Delete Paragraph 10.05.E in its entirety.


Add the following:

11.04 Equipment Rental Rates Not Otherwise Covered

With regard to rental rates applicable to work not covered by either Lump Sum pay items or Unit Adjustments, for any power-operated machinery, trucks or equipment, necessary to use, the Engineer will allow the Contractor the rental rate set forth in the most current edition of the “Rental Rate Blue Book,” including all Rate Adjustment Tables and amendments, as published by Dataquest, Inc. of San Jose, California in effect at the time the work is performed for Contractor-owned equipment or at a lower rate, if submitted by the Contractor.

A. Should the proper completion of the work require equipment of a type not covered by the above-mentioned schedule, the Engineer will allow Contractor a reasonable rental rate which shall be based on that prevailing in the area of the work and shall be agreed upon in writing before the work is begun. However, the Contractor shall show the sources for the rates he has proposed.

B. For power-operated machinery, truck or equipment, which the Contractor must obtain by rental, he shall inform the Engineer of his need to rent the equipment prior to using it on the work. He shall be paid the actual rental for the equipment, provided that rate does not exceed the rental rate set forth in the “Rental Rate Blue Book”, including all Rate Adjustment Tables and amendments as published by Dataquest, Inc. The Contractor shall provide a copy of the paid receipt for the rental expense incurred.

C. The estimated operating cost per hour will apply only to the actual time the equipment is operating. Operators will be paid as stated hereinbefore for labor except for certain


SC-11

trucks listed in the “Rental Rate Blue Book” as published by Dataquest, Inc. which show the operators to be included.

D. For rented equipment not owned by the Contractor or a subsidiary of the Contractor, the following rates shall apply:

1. The daily rate per hour shall apply when the equipment is specifically assigned to the work by the Engineer for a period of 7 consecutive calendar days or less.

2. The weekly rate per hour shall apply when the assigned time exceeds 7 consecutive calendar days but does not exceed 21 calendar days.

3. The monthly rate per hour shall apply when the assigned time exceeds 21 consecutive calendar days.

E. For Contractor-owned equipment or equipment rented or obtained from a subsidiary of the Contractor, the maximum hourly rate to be used shall be the monthly rate as set forth in the current edition of the “Rental Rate Blue Book”, including Rate Adjustment Tables and amendments as published by Dataquest, Inc., divided by 176 (176 working hours per month).


12.03 Delays

To Paragraph 12.03.B, after the words “equitable adjustment in” in line 6, delete the words “Contract Price or the”, and after the words “Contract Times, delete the words “, or both”. Add “Such an adjustment to the Contract Time shall be the Contractor’s sole and exclusive remedy for the delays discussed in this paragraph 12.03.” To Paragraph 12.03.C, after the words “Contract Times” in line 9, add the words “and only to the extent that the critical path to the Project Schedule is extended.”

Article 13 Revision:

13.07 Correction Period

To Paragraph 13.07.A, after the words “the date of” in line 1, delete the words “Substantial Completion”, and replace with the words “Final Completion.”


14.01 Schedule of Values


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To Paragraph 14.01.A, after the words “acceptable to Engineer” in line 4, add the words “and Owner.”

14.02.C Payment Becomes Due

To Paragraph 14.02.C.1, add “In no event shall the Owner be obligated to pay the Contractor for more than the amount certified by the Engineer for each Application for Payment, plus any pending change orders that the Owner agreed to approve.”


Delete the word “persistent” from Article 15.0.2.A.1

15.03 Owner may Terminate for Convenience

To Paragraph 15.03.A.1, delete from line 3 the words “including fair and reasonable sums for overhead and profit on such Work.” To Paragraph 15.03.A.2, delete from line 5 the words “plus fair and reasonable sums for overhead and profit on such expenses.” To Paragraph 15.03.A.4, add “, but no overhead and profit on work not executed.” Add the following: “C. In no event shall the Contractor or any Subcontractor employed on the Project be

entitled to profit, overhead, or damages on work that was not performed as of the date of termination, regardless of the reasons for termination.”

“D. Upon receipt of written notice from the Owner of such termination for the Owner’s

convenience, the Contractor shall:

1. cease operations as directed by the Owner in the notice;

2. take actions necessary, or that the Owner may direct, for the protection and preservation of the Work;

3. except for Work directed to be performed prior to the effective date of

termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders; and


SC-13

4. provide a detailed inventory to the Owner that indicates the value, nature, and description of all material, labor, and equipment supplied as of the date of termination.”


16.01 Methods and Procedures

Delete Paragraph 16.01.A, and replace with the following new Paragraph 16.01.A.: “Owner, in its sole discretion, may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05. The mediation will be governed by the Construction Industry Mediation Rules of the American Dispute Resolution Center, New Britain, Connecticut, currently in effect.” Delete Paragraph 16.01.C, and replace with the following new Paragraph 16.01.C: “Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived in the Contract Documents, shall, at the sole discretion of the Owner, be subject to arbitration. If the Owner chooses to Arbitrate the Claims, the arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Dispute Resolution Center, New Britain, Connecticut, currently in effect. The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Dispute Resolution Center, and a copy shall be filed with the Engineer.”


Add the following:

17.07 Time for Completion and Liquidated Damages:

A. It is hereby understood and mutually agreed, by and between Contractor and Owner, that the date of beginning and the time for completion as specified in the Agreement of the work to be done hereunder are essential conditions of this Contract; and it is further mutually understood and agreed that the Work embraced in this Agreement shall be commenced on a date to be specified in the Notice to Proceed.

B. Contractor agrees that said Work shall be prosecuted regularly, diligently and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between Contractor and Owner, that the time for the completion of the Work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and conditions in this locality.

C. If said Contractor shall neglect, fail or refuse to complete the Work within the time herein specified, or any proper extension thereof granted by Owner, then the Contractor does hereby agree to pay to Owner the amount specified in the Agreement,


SC-14

not as a penalty but as Liquidated Damages for such breach of Agreement, for each and every calendar day that Contractor shall be in default after the time stipulated in the Agreement for completing the Work.

D. The said amount is fixed and agreed upon by and between Contractor and Owner because of the impracticality and extreme difficulty of fixing and ascertaining the actual damages Owner would in event sustain, and said amount shall be retained from time to time by the Owner from current periodical estimates.

TAB F

Special Provisions


SP-1

SPECIAL PROVISIONS

DESCRIPTION:

These Special Provisions contain information and requirements that the Contractor shall adhere to throughout the prosecution of work under this Contract. Also, included within these Special Provisions, are the individual Technical Specifications. GENERAL INFORMATION:

The Owner is the Town of Columbia. The Engineer is Anchor Engineering Services, Inc. (Anchor). The project site is located at Columbia Public Work, 89 Willimantic Road, Columbia, Connecticut. This project generally consists of the construction of a new fabric salt storage structure at the Town’s Public Works Garage Facility. COORDINATION OF WORK:

A portion of work associated with this project is to be performed by the Owner. The Contractor shall coordinate with the Owner and its agent accordingly.

The Contractor shall refer to the Contract drawings which indicate the portion of work to be performed by the Owner (i.e., noted as “By Others” or “Not in Contract”) and/or as described herein.

CONTRACT SUPERVISION:

The Contractor shall have a supervisor onsite at all times when work is being performed throughout the entire course of this Contract. This person shall be the responsible individual in charge onsite whom the Engineer shall coordinate all onsite activities (ie. inspections, etc.). The Contractor shall identify this person at the pre-construction meeting and provide contact information (including emergency contact information ie. outside of onsite work hours).

SCHEDULE:

The contract time for this project is one hundred and fifty (150) consecutive calendar days, starting on the Notice to Proceed date. The intended project schedule is as follows:

Pre-Bid Meeting: November 1, 2018 Proposals Due: November 13, 2018 Notice of Award: November 16, 2018 Contract Signing: November 16, 2018 Notice to Proceed: November 16, 2018 Substantial Completion April 15, 2019


SP-2

LIQUIDATED DAMAGES:

The Contractor is hereby notified that liquidated damages in the amount of five hundred dollars ($500.00) per consecutive calendar day apply to this project in order to help ensure a timely completion.

LICENSES:

The Contractor and its subcontractors performing the work shall hold a relevant license issued by the State of Connecticut. All work under this Contract shall be subject to the rules and ordinances of the State of Connecticut, and the Town of Columbia.

PERMITS:

The Contractor is responsible for obtaining all necessary permits, including all associated costs, required for this Contract work. Town related building permit fees will be waived, however State related fees will be required to be paid.

CALL-BEFORE-YOU-DIG (CBYD):

The Contractor is hereby notified that he shall contact Call-Before-You-Dig (CBYD) 1-800-922-4455 www.cbyd.com and obtain authorization prior to start of work as required by law.

PORTABLE CHEMICAL TOILET FACILITY:

The Contractor is hereby notified that the Contractor shall provide adequate number of portable chemical toilets per OSHA for the Contractor’s use to support this project. There shall be no separate measurement and payment for chemical portable toilet facilities.

MATERIALS & INSTALLATIONS:

The Contractor shall furnish and install all materials necessary to complete this project unless specifically otherwise noted. The Contractor shall furnish all materials to meet or exceed those specified. The Contractor shall install all materials in accordance with both the material manufacturer’s recommendations and accepted industry standard practices. Ultimately, the Contractor shall furnish and install materials in accordance with the current CT State building codes.

INSPECTION:

The Contractor is hereby notified that the Town’s agent, Anchor Engineering, Inc., shall perform construction inspection to support this project.

TESTING:

The Contractor is hereby notified that the Town’s agent, Anchor Engineering Services, Inc. shall perform all in place soils and bituminous concrete density tests as deemed necessary to ensure proper compaction as well as cast-in-place concrete tests as deemed necessary to ensure proper concrete strength.

http://www.cbyd.com/


SP-3

DUMPSTERS:

The Contractor is hereby notified that the Contractor shall furnish dumpsters as necessary for disposing all construction and demolition waste materials that are generated by this project. There shall be no separate measurement and payment for dumpsters.

FINAL CLEANING:

The Contractor shall be responsible for disposing of all construction and demolition waste materials that are generated by this project in accordance with all local, state, and federal regulations. The Contractor shall perform an overall final cleaning of the entire Contract work prior to and in preparation for the Owner’s final inspection. Following the Owner’s final inspection and acceptance of the entire Contract work, the Contractor shall remove all tools and equipment from Owner’s property. There shall be no separate measurement and payment for final cleaning.

WARRANTY & GUARANTEE:

The Contractor shall warranty and guarantee all work under this Contract for a minimum period of one year from the date of final payment. The Contractor performing the work shall secure warranties and guaranties from its subcontractors for their parts of the work under this Contract.

CONSTRUCTION SEQUENCE:

A suggested construction sequence is listed on the plans. The Contractor is hereby notified that this is meant to serves as a guideline only, and that the Contractor shall be solely responsible for determining an actual construction sequence schedule to meet the Contract terms.

Additionally, the Contractor is hereby notified that he shall submit a construction schedule to the Owner for approval.

SUBMITTALS:

The Contractor shall submit (3) copies of each required submittal to the Town or it’s agent for approval, prior to construction. The Town or its agent will endeavor to respond with their approval and/or review comments within a (2) week period of their receipt of said submittals. The Contractor shall make submittals on any items that are specifically described within the individual technical specifications.

TAB G

Technical Specifications


Index Page 1 of 1

TECHNICAL SPECIFICATIONS

INDEX

SECTION TITLE PAGES 01 11 00 Summary of Work 2 01 33 00 Submittals 2 01 55 26 Maintenance and Protection of Traffic 3 01 57 13 Sediment and Erosion Control 3 01 57 20 Dust Control 2 01 71 13 Mobilization 2 13 31 33 Fabric Structure 9 26 05 00 Common Work Results for Electrical 1 31 23 00 Excavation and Site Work 9 31 23 23 General Fill 3 32 01 15 Saw Cut Existing Pavement 2 32 11 23 Processed Aggregate Base 2 32 12 16 Bituminous Concrete 2 32 91 19 Topsoil 3 32 92 00 Turf Establishment 2 33 82 00 Underground Conduit 2


Section 01 11 00 – Summary of Work Page 1 of 3

SECTION 01 11 00 SUMMARY OF WORK

PART 1 - GENERAL 1.01 DESCRIPTION

A. This work generally includes the construction of a new salt storage building at the Town’s Public Works Garage in Columbia, CT. Additional work details are as follows:

a. The Town has rough graded the area in which the storage structure will be erected.

Existing grades will be available for review by the Contractor at the time of pre-bid meeting and by appointment prior to the bid if additional inspection is desired. The Contractor will be responsible for fine grading of the area as required to prepare for the installation of the proposed fabric structure and concrete block foundation. The interior of the structure will be graded as described on the Contract Plan. The Contractor shall compact the interior of the structure in preparation for future installation of asphalt millings by the Town. Grading on the interior shall be uniform from the perimeter of the foundation wall to the proposed catch basin.

b. The Contractor shall supply and install a new 56’ wide x 112’ long ClearSpan Truss Fabric Structure that is erected on an 8’ high concrete block foundation wall. The concrete blocks will be plated together with hot dipped galvanized plates. The trusses shall be hot dipped galvanized trusses. The Contractor shall be responsible for providing engineered drawings, stamped by a CT professional engineer, for both the building and block foundation wall designs. Additional features are as follows:

1. (2) End wall package, one on either end of the building 2. (4) 36” wide x 36” high wall louvers, (2) per each end 3. (1) 36” x 80 LH outswing Walk IN Door Kit (Fabric Building) 4. (1) Duracoil Galvanized Standard 22GA-16’x16’ Rolling Service Door

c. The Contractor shall line the exposed interior of the concrete block foundation wall with 4’ wide x 8’ tall ½” thick CDX ground contact pressure treated plywood that is mechanically fastened to the concrete blocks.

d. The Contractor will install a new catch basin, 6” SDR35 drainage piping, and 1,000 gallon holding tank as shown on the Contract Plan. The interior of the catch basin and holding tank shall be coated with an epoxy coating as specified on the Plan. The catch basin will be set 3” above grade at the catch basin to allow for future installation of asphalt millings by the Town. The holding tank will be equipped with a high level alarm that will

e. The contractor shall supply and install several electrical improvements, including: 1. The Contractor shall supply and install new interior lighting. Three

lights, each RAB lighting RAILP2255000KW or approved equal, shall be mounted at the bottom of the trusses along the center of the building as shown on the Plan. Control of this light shall be via switch located inside the structure adjacent to the man door.

2. The Contractor shall supply and install a new exterior floodlight. The light, RAB Lighting FXLED300T5000KW or approved equal, shall be



mounted 20’ above grade, centered on the overhead door. Control of this light shall be photocell located on the light.

3. The Contractor shall supply and install 20 Amp Industrial grade heavy duty 4 in 1 grounding surge outlet with indicator light inside the structure adjacent to the man door.

4. The Contractor shall supply and install a motorized opener for the overhead door. Door shall be capable of being opened manually in case of power failure.

5. The Contractor shall supply and install a high level alarm for the holding tank that provides visual and audible warning inside the structure, adjacent to the man door.

6. The Contractor shall make electrical connection to the existing electrical panel within the Public Works Garage. Contractor shall familiarize themselves with this location prior to the bid. Contractor shall provide required buried conduit(s) between the Public Works Garage and new storage structure. An additional (2) conduits of equal size to those required for the new electrical service to the storage structure shall be provided as well. All conduits, wiring, connections, etc. shall be appropriate for use in the conditions in which they will be installed.

f. The Contractor shall provide and install the proper disconnection of the existing Fueling System to the point of connection to associated electrical service panel. Existing electrical services to all other portions of the site shall remain and the Contractor shall install H-20 load rated hand holes if any may be required. All associated wiring and conduit shall be located, removed, and disposed and ground restored above to existing conditions.

g. Paved areas that are disturbed during the course of work shall restored with new bituminous concrete to match existing conditions. Unpaved areas that are disturbed during the course of work shall be restored to match existing surface conditions (stone, topsoil & seed, etc.). Penetrations in buildings that shall be sealed as directed by the Town.

h. The Contractor is responsible for obtaining all necessary permits to perform the work in accordance with Town of Columbia and State of Connecticut requirements. The Contractor is responsible for any associated permit fees, however Town related building department fees will be waived.

1.02 CONTRACT

A. Complete the entire scope of work under a Lump Sum Contract as noted on the bid proposal form and in accordance with the Contract Documents.

PART 2 - PRODUCTS

A. Not Applicable

PART 3 - EXECUTION



A. Not Applicable

PART 4 - MEASUREMENT AND PAYMENT

A. Not Applicable.

END OF SECTION


Section 01 33 00 – Submittals Page 1 of 2

SECTION 01 33 00 SUBMITTALS


A. Work under this specification covers the following work: • Submittal procedures • Required submittals • Proposed products list • Product data • Samples • Record Drawings (As-builts) • Any Other Information Required to be Submitted by the Contractor in accordance with

the Contract Documents PART 2 - PRODUCTS

A. Not Applicable.

PART 3 - EXECUTION 3.01 SUBMITTAL PROCEDURES

A. Each submittal shall be accompanied with a transmittal letter and shall include six copies for review and distribution by the Owner.

B. Contractor shall sequentially number the transmittal forms. Resubmittals to have original number

with an alphabetic suffix. C. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail

number(s), and specification Section number, as appropriate. D. Apply Contractor's stamp, signed or initialed certifying that review, verification of products

required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents.

E. Schedule submittals to expedite the project. F. Identify variations from Contract Documents and Product or system limitations which may be

detrimental to successful performance of the completed Work. G. Provide space for Contractor and Engineer review stamps. H. Revise and resubmit submittals as required, identify all changes made since previous submittal.


Section 01 33 00 – Submittals Page 2 of 2

I. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report

any inability to comply with provisions. 3.02 REQUIRED SUBMITTALS

A. The Contractor shall provide submittals in accordance with the requirements specified herewithin for the following items:

1. Construction Progress Schedule as required by these specifications or the Owner. 2. All components of the installation as required by these specifications or the Owner. 3. Drawings of proposed installation if different from Contract Drawings.

3.03 SAMPLES

A. Submit samples, when specified in individual specification sections, to illustrate functional and aesthetic characteristics of the product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work.

B. Submit the number of samples specified in individual specification sections; one of which will be

retained by Owner.

3.04 RECORD DRAWINGS (AS-BUILTS)

A. Submit record drawings in accordance with the applicable requirements of the Owner as specified within the Contract Documents for all work

PART 4 - MEASUREMENT AND PAYMENT 4.01 MEASUREMENT

A. The work which conforms to this Specification and is performed shall not be measured for separate payment, but shall be included as part of general work.

4.02 PAYMENT

A. This work will not be paid for separately, but shall be included as part of the general work,

which shall include all materials, equipment, tools, labor, and work incidental thereto.

END OF SECTION


Section 01 55 26– Maintenance and Protection of Traffic Page 1 of 3

SECTION 01 55 26 MAINTENANCE AND PROTECTION OF TRAFFIC


A. All operations necessary to maintain safe traffic flow, both vehicular and pedestrian, on all public and private roads and drives along which work is to be done and on site.

B. This work shall include, but not be limited to: furnishing traffic control flaggers; furnishing,

erecting, moving, maintaining and dismantling barricades, construction fencing, signs and temporary lighting to inform the general public of hazards existing at the site of the work. At no additional cost, the Contractor shall provide any signage, traffic barriers, etc. that may be required by the Town of Columbia

1.02 RELATED WORK

A. Section 01 57 20 - Dust Control B. Section 31 23 13 – Formation of Subgrade

1.03 REFERENCES

A. Where Form 817 is referred to, it means "State of Connecticut Department of Transportation Standard Specifications for Roads, Bridges and Incidental Construction, Form 817, 2016" and including all Supplemental Specifications to January 2017.

B. "Manual of Uniform Traffic Control Devices, U.S. Department of Transportation, latest Edition.

1.04 QUALITY ASSURANCE

A. Provide at least one person who shall be thoroughly trained and experienced in the skills required, who shall be completely familiar with the design and application of work described for this Section, and who shall be present at all times during progress of the work of this Section and shall direct all work performed under this Section.

PART 2 - PRODUCTS 2.01 MATERIALS

A. Construction Signing shall conform to Article 12.20.02 of the Form 817.

B. Traffic Cones shall conform to Article 9.77.02 of the Form 817.

C. Traffic Drums shall conform to Article 9.78.02 of the Form 817.



D. Barricade Warning Lights shall conform to Article 9.76.02 of the Form 817.

E. Construction Barricades shall conform to Article 9.79.02 of the Form 817.

PART 3 - EXECUTION 3.01 CONSTRUCTION METHODS

A. Maintenance and Protection of Traffic shall be performed in accordance with Article 9.71.03 of the Form 817 as modified, and the Guidelines for "Traffic Control During Construction Operations". References to the Connecticut Department of Transportation shall be construed to mean the Owner or Engineer where applicable.

B. Traffic Drums shall be placed in accordance with Article 9.78.03 of the Form 817.

C. Construction Signing shall conform to Article 12.20.03 of the Form 817.

D. Barricade Warning Lights shall conform to Article 9.76.03 of the Form 817.

E. Traffic cones shall conform to Article 9.77 of the Form 817.

F. Construction barricades shall conform to Article 9.79.03 of the Form 817.

G. The employment or presence of traffic control flaggers shall in no way relieve the Contractor of

any responsibility or liability which is under the terms of this Contract.





4.02 PAYMENT

A. This work will not be paid for separately, but shall be included as part of the general work, which shall include all materials, equipment, tools, labor, and work incidental thereto.

END OF SECTION


Section 01 57 13 – Sediment and Erosion Control Page 1 of 3

SECTION 01 57 13 SEDIMENT AND EROSION CONTROL


A. The work of this Section shall include, but not necessarily be limited to, the following:

1. This work shall consist of furnishing, placing, maintaining and removal of sedimentation control systems as directed by the Engineer and where necessary to prevent erosion and control sedimentation.

2. Continual maintenance of installed erosion control devices. 3. Removal and cleanup.

1.02 RELATED WORK

A. Section 31 23 00 – Excavation and Site Work B. Section 32 11 23 – Processed Aggregate Base C. Section 32 12 16 – Bituminous Concrete D. Section 32 91 19 – Topsoil E. Section 32 92 00 – Turf Establishment



B. References to "Connecticut Guidelines for Soil Erosion and-Sedimentation Control" (2002). 1.04 SUBMITTALS

A. Submit sediment control system and seed mixture technical data to the Engineer for approval.

PART 2 - PRODUCTS 2.01 MATERlALS

A. Hay bales for Check Dams shall comply with the Form 817, Article 2.18.

B. Sedimentation Control System shall comply with Form 817, Article M.08.01-26.

PART 3 - EXECUTION



3.01 GENERAL EROSION CONTROL REQUIREMENTS

A. The Contractor shall appoint an individual, acceptable to the Engineer, to coordinate and supervise the maintenance and control of sedimentation and erosion control systems and devices. Compliance with these provisions shall also be included in all subcontract agreements.

1. Provide the Engineer with daily logs of the construction progress, updated schedules

and conditions of on-site sedimentation and erosion controls/water quality. 2. All sedimentation and erosion control devices shall be inspected weekly by the

Contractor to verify their operation and to determine the cleaning and repair necessary for the duration of this Contract. In addition, special attention shall be given to the adequacy of the control systems prior to severe storm weather forecasts. Suspend operations (earthwork) for major storm events and implement additional sedimentation and erosion controls as necessary. Inspect control systems during and after storms to determine necessary repairs.

3. Repairs to sedimentation control systems directed by the Engineer shall be accomplished within 24 hours of the directive or as soon as possible prior to storm forecasts.

4. Contractor shall maintain on-site, at all times, replacement materials for the devices utilized, readily available for necessary repairs.

5. The Contractor shall comply with the Best Management Practices as shown in Form 817, Article 1.10.03 and "Connecticut Guidelines for Soil Erosion and-Sedimentation Control" (2002).

B. The Engineer has the authority to control the surface area of each material exposed by

construction operations and to direct the Contractor to immediately provide permanent or temporary pollution control measures to prevent contamination of adjacent wetlands, watercourses or other areas of water impoundment. Every effort shall be made by the Contractor to prevent erosion on the site and abutting property.

C. The Engineer shall limit the surface area of earth material exposed if the Contractor fails to

sufficiently protect the slopes to prevent pollution.

D. The erosion control features installed by the Contractor shall be maintained by the Contractor to ensure their efficient operation, and he shall remove/replace such installations if ordered by the Engineer.

E. The Contractor shall operate all equipment and perform all construction operations so as to

minimize pollution. The Contractor shall cease any of his operations, which will increase pollution during rainstorms.



3.02 HAY BALE/STRAW BALE INSTALLATION

A. Bales shall be placed around catch basins, along diversion fences, in swales, or as directed by the Engineer. They shall be held in place by two wooden stakes in each bale driven a minimum of eighteen (18) inches into the ground. Bales shall be maintained or replaced until they are no longer necessary for the purpose intended or are ordered removed by the Engineer.

3.03 SEDIMENTATION CONTROL SYSTEM

A. Sedimentation Control System shall be mounted on wood-stakes or posts with or without fence backing as recommended by the fabric manufacturer. The bottom six (6") inches of the fabric shall be buried by trenching, laying the six (6") inch section horizontally on the ground and burying by ramping the soil up to the control fence.

B. Maintain sedimentation control system throughout the contract period and remove all such

temporary features when directed. Any damaged during construction shall be replaced at no additional cost to the Owner.

C. Sediment buildup shall be removed from behind fences before it exceeds six (6") inches in

depth. Sedimentation control system shall be inspected weekly and repaired/replaced as necessary. Additional inspections may be required prior to or immediately following any manor rainstorms. Sedimentation control system shall be removed at the completion of the project.

3.04 REMOVAL AND CLEANUP

A. All temporary erosion control facilities when ordered by the Engineer shall be removed in a neat and workmanlike manner, and shall also include removal and disposal of accumulated silt.

B. Sediment deposits are to be removed when they reach approximately one-half the height of the

device, i.e. sedimentation control fence, hay bales, etc. Accumulations of one-half of the wet storage volume in any temporary sediment trap will be used as criteria for commencement of cleaning operation. Disposal of materials removed during cleaning operations shall be the responsibility of the Contractor. Dispose material off-site or as directed by the Engineer.


4.01 MEASUREMENT


4.02 PAYMENT


END OF SECTION


01 57 20 – Dust Control Page 1 of 2

SECTION 01 57 20 DUST CONTROL

PART 1 - GENERAL

1.01 DESCRIPTION

A. During the progress of the work, the Contractor shall conduct his operations and maintain the area of his activities so as to minimize the creation and dispersion of dust. If the Engineer decides that it is necessary to use water or calcium chloride for more effective dust control, the Contractor shall furnish and spread the material, as directed.

1.02 RELATED WORK

A. Section 31 23 00 – Excavation and Site Work B. Section 32 91 19 – Topsoil

PART 2 - PRODUCTS

2.01 CALCIUM CHLORIDE

A. Calcium chloride shall conform to the requirements of ASTM Specification D98 and may be Type 1 or Type 2.

B. Water for dust control shall be potable.

PART 3 - EXECUTION

3.01 WATER FOR DUST CONTROL

A. Water trucks shall be capable of applying a uniform spread of water over the surface. B. A suitable device for a positive shut-off and for regulating the flow of water shall be

located so as to permit positive operation control. C. Water shall be applied when directed by the Engineer.


01 57 20 – Dust Control Page 2 of 2

3.02 CALCIUM CHLORIDE FOR DUST CONTROL

A. Calcium chloride shall be applied only at the locations and at such times and in the amount as may be directed by the Engineer.

B. It shall be spread in such manner and by such devices that uniform distribution is

attained over the entire area on which it is ordered placed.


4.01 MEASUREMENT

A. Calcium Chloride and water used for Dust Control shall not be measured for separate payment, but shall be included as part of general work.

4.02 PAYMENT


END OF SECTION


01 71 13 - Mobilization Page 1 of 2

SECTION 01 71 13 MOBILIZATION

PART 1 - GENERAL

1.01 DESCRIPTION

A. This item shall consist of all work necessary for the movement of personnel and equipment to the project site, and for the establishment of all field offices, buildings and other facilities necessary to the performance of the work. Work shall also include the removal of all personnel and equipment from the jobsite after the project has been completed.

1.02 RELATED WORK

A. Not applicable

1.03 SUBMITTALS

A. No submittals required.

PART 2 - PRODUCTS 2.01 GENERAL

A. Not applicable.

PART 3 - EXECUTION 3.01 GENERAL

A. Not applicable.




01 71 13 - Mobilization Page 2 of 2

4.02 PAYMENT


END OF SECTION


Section 13 31 33 – Fabric Structure Page 1 of 9

SECTION 13 31 33

FABRIC STRUCTURE

1.0.0. GENERAL

1.1.0. The purpose of this bid is for the purchase, delivery and installation on site for the Town of Columbia CT of a ClearSpan Fabric Structure measuring 56’ X 112’ building for the purpose of a “Salt Storage Building”, following the design specifications listed below.

1.2.0. The workmanship of all materials and components of the structure shall commensurate with the functional requirements of the item.

1.3.0. Building prefabrication shall be performed under factory conditions in a plant specifically arranged for this type of work. Contractor shall provide adequate space, equipment, personnel and technical ability to coordinate the assembly and factory prefabrication of all major components of the work and all necessary operation in the packing, shipping and installation procedures. No fabrication shall be done unless the materials have been tested and approved.

2.0.0. GENERAL DESIGN REQUIREMENTS:

2.1.0. Warranty: 50-year on the frame & 20- year on the fabric.

2.1.1. The membrane shall be tensioned over the framework.

2.1.2. The structure shall be rectangular in shape with 1 solid closed vertical gable end wall with 2ea 3’x3’ vents. Front end wall to include a solid end wall with 2ea 3’x3’ vents, a 16x16 Raynor Chain-hoist Duracoil steel rollup door with motorized operator, and a 36”x80” walk door.

2.1.3. The interior of the structure below the main trusses shall be clear span free of any structural support members and shall provide unobstructed floor space.

2.1.4. No exterior purlins, guy ropes or cables shall be used for anchoring the structure.

2.2.0. Design Requirements-Structural Frame:

2.2.1. Frame to be Hot Dipped Post Fabrication (ASTM A123) with rafter spacing to be determined by building engineer in compliance with local building code.

2.2.2. Purlin Spacing: To provide for structural stability and to provide for installation of accessory items, the main structural trusses shall be laterally braced by tubular purlins at intervals required by the truss design.

2.2.3. Wind and Frame Bracing: The structure shall be appropriately stabilized with wind bracing cable as well as any required secondary node restraint assemblies so as to efficiently transfer wind, snow and



seismic induced stresses to the foundation/anchoring system. The end bay(s) of the structure shall be designed to be X – braced early during installation to allow for permanent stability of the frame during installation.

2.2.4. Connecting Joints: Connections between structural elements shall be designed so as to transfer the compressive and tensile forces present in a given joint. A minimum of Grade 5 bolts shall be used at each truss chord joint. Primary axial steel, secondary purlins and end wall frame connections shall be made with a minimum of Grade 5 hex bolts, carriage bolts and self drilling screws.

2.2.5. Mechanical Equipment Interface: The main structural roof trusses shall allow for installation of electrical and mechanical equipment based on collateral loads. Likewise, the structure shall accept penetrations through the membrane for access doors and mechanical services with minimal modification.

2.2.6. Ancillary Systems: The structure shall be designed such that it can be readily retrofitted with insulation systems and other ancillary systems such as lighting, sprinklers, HVAC, provided collateral load factors are taken into account.

2.2.7. Alternative Cladding materials: The structure shall be designed such that alternative covering materials such as metal wall cladding can be added with minimal modification, if required.

2.2.8. All hardware needed to assemble building to be supplied by vendor / contractor.

2.2.9. 56’ Wide X 112’ Long dome style frame mounted to 4 rows of 2’x2’x6’ concrete blocks per the following minimum specifications.

Pre-Cast Concrete Block

1) All Pre-cast concrete block shall have a minimum 28-day compressive strength of 2500 psi.

2) Concrete mix design shall use type II cement.

3) All individual block units shall be free of cracks and other defects that would interfere with the placement and locking of units. Shear keys shall be free of damage.

4) Unit dimensions such as height, width, depth and batter shall match the specifications included in the plans. A tolerance of +- 1/2 inch for width may be used.

5) Concrete blocks to be formed with normal weight concrete.

6) Concrete block foundation to be installed on a level surface.

7) Concrete blocks to be a single pour (no cold seams)

2.2.12. Must use buttresses at defined truss locations in addition to steel plates for block walls as recommended by engineer. All plates must be Hot Dipped and all plate bolts must be stainless steel.



2.2.13. Building to be engineered to CT State Building Code standards for ground snow load and wind loads.

2.3.0. Design Requirements – Membrane Cladding System:

2.3.1 Membrane: The roof membrane shall form a weather tight shell over the structural frame. In order to provide for a good finished appearance and to insure weather tightness, the membrane shall be assembled and tensioned, in a manner to minimize wrinkles in hot and cold temperatures.

2.3.2. The gable wall membrane cladding shall be manufactured and connected to form one piece to the adjacent end wall and roof cladding.

2.3.3. Roof membrane horizontal stretch shall be maintained with horizontal purlins requiring no ongoing maintenance.

2.3.4. Base Tensioning System: The membrane cladding will be provided with a mechanical tensioning system that allows the membrane to be fully tensioned around the structure perimeter. The system will be designed such that the membrane can be tightly and neatly secured over the structural frame and such that the system has remaining range of adjustment.

2.3.5. Membrane Seal at Openings and Base: The manufacturer of the structure will provide all materials and methods necessary to fully tension and seal the membrane material around all doors, ventilation and other opening as well as around the structure perimeter below the main tensioning system. This seal shall provide a neat and finished appearance and eliminate any loose membrane cladding that would otherwise be damaged by flapping or abrasion. When a membrane base skirt is required, this shall be supplied and attached at the base perimeter to allow a reasonable seal against air and water intrusion.

2.3.6. The membrane shall not be designed to function as a structural member such that, should any damage to or penetrations of the membrane occur, the integrity of the structural framework shall not be affected.

2.3.7. The Contractor shall provide drawings and calculations acceptable to the architect/Engineer of the Record, meeting the provisions of the applicable State Building Code. The Contractor shall bear all costs for production of drawings and associated structural calculations. Contractor shall make all revisions and corrections to those documents required for approval and shall resubmit as required to obtain approvals.

2.4.0. ENGINEERED DESIGN CRITERIA:

2.4.1. The structure shall be designed using methodology as per ASCE 7 standard referenced from the applicable building code. Primary and secondary framing shall comply with current issues of ISC, AISI, NEMA and ASTM specification, as applicable.

Structural members shall be designed using Allowable Stress Design (ASD) or Load Resistance Factored Design (LRFD) for the design loads given below. Wind load factors and coefficients used in design of structural members must be in accordance with the applicable ASCE 7 guidelines.



2.4.2 Snow Loads: The structure shall be designed based upon a minimum ground snow load as required by the CT State Building Code

2.4.3. Wind Loads: The structure shall be capable of withstanding a basic wind speed (3-second gust) from any direction as specified in the CT State Building Code. The design wind pressure shall be based on an exposure category of “C” and appropriate wind load factors and coefficients in accordance with the applicable referenced ASCE 7 guidelines. In no event shall the wind load used in the design of the main wind force resisting system be less than 10 pounds per square foot multiplied by the area of the building or structure projected on a vertical plane that is normal to the wind direction.

2.4.4. Rainfall: The structure shall be capable of withstanding the effects of rainfall up to 4 inches per hour for at least 2 hours.

2.4.5. Design Loads: The design shall be based as a minimum on the following design loads. Each member shall be designed to withstand stresses resulting from combinations of design loads that produce maximum percentage of actual to allowable stress in that member as per referenced ASCE 7 standard from applicable building code.

D = Dead Load + Collateral Load S = Symmetrical Snow or Live Load (Balanced or Unbalanced) Ws = Wind with internal suction Wp = Wind with internal pressure E = Earthquake

2.5.0. OPERATION AND USE:

2.5.1. The main structure frame shall be designed to provide a minimum of 15-year operational use period with appropriate inspection and maintenance. Owner’s manual to be provided.

2.5.2 The structure shall be capable of being assembled, operated and dismantled in all ambient temperatures between -20 ºF and 120 ºF.

2.5.3. The structure shall be capable of being erected on concrete and of accepting differential settlement of up to 1 ½% between truss positions.

2.6.0. MATERIALS:

2.6.1. All materials used in the structure shall be new, without defects and free of repairs. The quality of the materials used shall be such that the structure is in conformance with the performance requirements specified herein.

2.6.2. Cladding Membrane: The structure shall be clad with a polyolefin fabric manufactured by an approved and reputable supplier with demonstrated long-term performance. The polyolefin membrane fabric shall be waterproof and free from defects. All roofs, walls, end walls and connecting sections shall be



weather tight. The material shall be selected from the manufacturer’s standard colors for the sidewalls and roof panels. The material scrim and coating must be UV stabilized and must carry a minimum 20-year manufacturer’s warranty. The minimum fabric specification is as follows:

Total Fabric Weight 12.0 oz/yd² (407 g/m²) +/- 5% Coating Thickness 4 mils average, each side Finished Thickness 20 mils (ASTM D5199) Grab Tensile Strength 370 lbs (ASTM D5034) Strip Tensile Strength 275 lbs/in (ASTM D5035) Tongue Tear Strength 115 lbs (ASTM D2261) Trapezoidal Tear 90 lbs (ASTM D-4533) Mullen Burst 675 psi (ASTM D3786) Cold Crack Resistance -60 ºC (ASTM D2136) UV Resistance & Weathering >90% retention after 2000 hrs. ASTM G151

2.6.3. Metal: The main structure shall consist of welded truss arches with parallel tube chords separated apart

by webbing. 2.6.4. Frame to be Hot Dipped Post Fabrication (ASTM A123). Tension: 55 KSI & Yield: 50 KSI

2.6.5. Rafter spacing to be determined by building engineer to comply with local building code.

2.7.0. Hardware:

2.7.1. Bolts: Bolts subject to extreme stress and wear shall be structural bolts of Grade 5 and plated/ galvanized that has been upgraded with a corrosion resistant topcoat finish. All bolts shall be installed and securely torque so as the prevent change in tightness. Those subject to removal or adjustment shall not be swaged, peened, staked or otherwise installed.

2.7.2. Membrane Tensioning Hardware: The fabric membrane shall be tensioned with load rated hardware. Hardware shall allow full and free rotation at the foundation connection to avoid fatigue of threaded assemblies.

2.7.3. Membrane Tensioning Webbing: The membrane shall be tensioned with load-tested tie-downs.

2.7.4. Cable Assemblies: Main and wind bracing cable assemblies shall be manufactured to the required length and press swaged with metal sleeves. The cables are manufactured using performed galvanized cables, sized with appropriate safety factors.

3/16” dia. = 4,200 lbs. ¼” dia. = 7,000 lbs. 5/16” dia. = 9,800 lbs. 3/8” dia. = 14,400 lbs.

½” dia. = 22,800 lbs.



2.7.5. Other Fasteners: Non-structural fasteners such as wood screws, Tek screws, etc., shall be standard commercial quality.

2.7.6. Exterior Trim: The aluminum alloy used in the extrusion shall meet or exceed 6063-T5.

2.7.7. Piece marking and Identification: all individual parts or bundles and packages of identical parts are to be clearly marked for identification. Bolts, nuts, washers and fasteners shall be packaged according to type, size and length. Shipping documentation shall include a list showing the Description, quantity and piece mark of the various parts, components and elements.

2.7.8. Material Delivery: The building system materials shall be delivered to the project site during normal working hours on weekdays. (6:30am to 2:30pm). 24 hours advanced notice for delivery is required. Installation contractor will provide adequate workmen and equipment to promptly unload, inspect and accept material delivery.

2.7.9. Handling: At no time shall materials be dropped, thrown or dragged over the transport equipment or the ground. Damage to any piece under its own or superimposed weight shall be cause for repair or replacement by the vendor or contractor.

2.7.10. Short, damaged or excess materials: Installation contractor shall inspect, count and verify quantities based on the shipping documents.

3.0.0. REFERENCES AND STANDARDS:

3.1.0. The following publications are for the standards listed below but referred to within the document by basic letter designation only. They form a part of this specification to the extent referenced thereto:

3.1.1. American Institute of Steel Construction (AISC):

S326-78Design, Fabrication and Erection of Structural Steel Buildings S329-85Structural Joints Using ASTMA325 or A490 Bolts 3.1.2. American Iron and Steel Institute (AISI): SG 503-76 The Design of Fabrication of Cold-Formed Steel Structures 3.1.3. American Society for Testing and Materials (ASTM): A 36-89 Structural Steel A 307-89 Carbon Steel Bolts and Studs, 60,000 psi Tensile Strength A 325-89 High-Strength Bolts for Structural Steel Joints

A 500 A-90 Standard Specification for Cold Formed Welded And Seamless Carbon Steel

Structural Tubing in Rounds and Shapes A 563 Rev A-89 Carbon and Alloy Steel Nuts A 687-89 High-Strength Non-Headed Steel Bolts and Studs



3.1.4. American Society of Civil Engineers (ASCE) Minimum Design Loads for Building and Other Structures. Latest edition as required by State Code.

ASCE 7-98 American Society of Civil Engineers

ASCE 7-02 American Society of Civil Engineers ASCE 7-05 American Society of Civil Engineers 3.1.5. Canadian Standards Association CAN/CSA-S16.1 Limit States Design of Steel Structures



END OF DOCUMENT


Technical Specifications – Section 26 05 00 Common Work Results for Electrical Page 1 of 1

SECTION 26 05 00 COMMON WORK RESULTS FOR ELECTRICAL


A. Work under this specification covers furnishing and installing all electrical (power, control, telecommunication, etc.) systems complete, including all fixtures, appurtenances, testing and start-up, as shown on the plans or as directed by the Engineer.

B. Also, work under this specification covers furnishing and installing new electrical service

and connections of electrical fixtures at the new building. 1.02 RELATED WORK

A. Section 33 82 00 – Underground Conduit


A. All electrical systems shall be in accordance with the plans. 1.04 SUBMITTALS

A. Submit all electrical system components to the Engineer for approval prior to fabricaton.

B. Submit material certificates for all electrical system components. PART 2 - PRODUCTS 2.01 GENERAL

A. The electrical systems and fixtures products shall be in accordance with all applicable codes and the details and specifications shown on the plans.


A. Furnish and install complete electrical systems as specified on the plans or approved by the Engineer.

END OF SECTION


Technical Specifications – Section 31 23 13 Formation of Subgrade Page 1 of 1

SECTION 31 23 13 FORMATION OF SUBGRADE

PART 1 GENERAL 1.01 DESCRIPTION

A. Work under this specification covers the formation of subgrade in the areas shown on the plans. The subgrade is the plane coincident with the bottom of the subbase or processed aggregate as shown on the plans or as directed by the Engineer. The work of formation of subgrade shall be performed at this plane. After all earth excavation and trench excavation for these areas have been substantially completed, the subgrade shall be brought to the lines, grades and cross sections shown on the plans or as directed by the Engineer.

1.02 RELATED WORK

A. Section 01 57 13 – Sedimentation Control System B. Section 01 57 20 –Dust Control C. Section 31 23 00 – Excavation and Fill


A. Where Form 817 is referred to, it means "State of Connecticut Department of Transportation

Standard Specifications for Roads, Bridges and Incidental Construction, Form 817, 2016" and including all Supplemental Specifications to January 2017.

PART 2 – PRODUCTS

2.01 GENERAL

A. Not applicable. PART 3 - EXECUTION

3.01 CONSTRUCTION METHODS

A. Formation of subgrade shall be performed in conformance with Form 817, Article 2.09.03.

END OF SECTION


Technical Specifications - Section 31 23 33 – Trenching and Backfilling Page 1 of 4

SECTION 31 23 33 TRENCHING AND BACKFILLING


A. Work under this specification covers trench excavation and backfilling for the installation of all storm water drainage, sanitary sewer, gas service, water service, telephone service, cable service, conduits and associated appurtenances as shown on the plans or as directed by the Engineer. Furthermore, work under this specification covers trench excavation of earth, rock, and unsuitable materials.

1.02 RELATED WORK

A. Section 31 23 13 – Formation of Subgrade B. Section 31 25 53 – Sedimentation Controls C. Section 31 23 35 – Bedding for Pipes and Structures D. Section 22 14 00 –Facility Storm Drainage E. Section 33 41 00 - Utility Drainage Piping F. Section 33 82 00 – Underground Conduit



1.04 SUBMITTALS

A. None Required

PART 2 - PRODUCTS

2.01 GENERAL A. Lumber used for sheeting, rangers, bracing and other construction purposes shall be sound,

straight grained spruce or fir and shall be free from shakes, loose knots and other defects liable to impair its strength of durability. Lumber sheeting may be reused if in good condition.

B. Steel sheeting components shall meet the requirements of ASTM A328.



PART 3 - EXECUTION

3.01 GENERAL

A. Trench excavation and backfilling shall be performed in accordance with Form 817, Article 2.05.03 and Article 10.01.03

B. Trench excavation and backfilling shall be performed to the lines and grades necessary to install

the relevant underground utility pipe, conduit and appurtencances as shown on the plans or as directed by the Engineer. In all cases, the banks shall be as nearly vertical as practicable.

C. Except where rock or unsuitable material is encountered, care shall be taken not to excavate

below the depths indicated. The Contractor shall furnish and employ such shores, braces, sheeting, pumps, etc., as may be necessary for the protection of property, proper completion of the work and the safety of the public and employees of the Contractor and the Owner. All bracing, sheeting, etc., shall be removed when no longer required for the construction or safety of the work.

D. The material remaining at the bottom of the trench upon which the utility bedding is to be

placed shall be smoothed and compacted. Any part of the bottom of the trench inadvertently excavated below the specified grade shall be filled with utility bedding at the Contractor's expense and thoroughly compacted to the satisfaction of the Engineer.

E. After the excavation is completed; the Contractor shall notify the Engineer. No masonry, pipe

or other material shall be placed in the excavated area until the Engineer has approved the character of the foundation material.

F. During excavation, material suitable for general fill shall be piled in an orderly manner a

sufficient distance from the banks of the trench to avoid overloading and to prevent slides or cave-ins. All excavated materials shall be incorporated into plan fills or removed and properly disposed of.

G. Excavation shall consist of the removal of all encountered materials including, but not limited to

rock, clay, silt, sand, muck, gravel, hardpan, loose shale, loose stone in masses, boulders, existing pipe, manholes and other concrete or masonry structures, and buried stumps and debris.

H. Unless otherwise specified or approved by the Engineer, excavation shall be by cut and cover.

3.02 EXTENT OF OPEN EXCAVATION

A. The extent of excavation open at any time will be controlled by the conditions but shall always be confined to the limits prescribed by the Engineer.



3.03 TRENCH WIDTH

A. Trench widths shall be as specified on the plans and shall not be unnecessarily widened. Every effort shall be made to keep the sides of the trenches firm and undisturbed until backfilling has been completed and consolidated.

3.04 SHEETING AND BRACING

A. The Contractor shall furnish, put in place and maintain such sheeting, bracing, shoring, etc., as may be necessary to support the sides of the excavation and to prevent any movement of earth other than that intended to be accomplished by the excavation. Such sheeting, shoring and bracing shall be done as may be necessary for the protection of the work and for the safety of personnel and shall comply with the safety precautions as outlined in the Associated General Contractors of America, "Manual of Accident Prevention in Construction", and the "Occupational Safety and Health Act" of 1970 (OSHA). Sheeting, bracing, shoring etc., shall be installed in such a manner as to prevent material in behind the sheeting or bracing from falling into the trench.

3.05 SEEPAGE OR SURFACE WATER

A. To insure proper conditions at all times during construction, the Contractor shall provide and maintain ample means and devices with which to intercept and/or remove promptly and dispose properly of all water entering trenches and other excavations. Excavations shall be kept dry until the structures, pipes and appurtenances to be built therein have been completed to such extent that they will not be floated or otherwise damaged.

B. All water pumped or drained from the work shall be disposed of in a suitable manner without

undue interference with other work or damage to pavements, other surfaces or property. If such water is to be discharged to a stream or storm drainage system, the Contractor shall be responsible for removing all particulate matter which may be deposited in the stream or storm drainage system. The Contractor shall submit his proposed methods or procedures to the Engineer and shall maintain compliance with applicable laws and regulations.

3.06 EXCAVATION NEAR EXISTING FACILITIES

A. Attention is directed to the fact that there are storm drains, water mains and services, sanitary sewer mains and laterals, gas mains and services, and other utilities in certain locations. Some of these have been indicated on the plans, but no attempt has been made to show all of the existing conditions, and the completeness or accuracy of the information given is not guaranteed. In advance of normal machine excavation, location of services shall be investigated and the expected location marked. It shall be the responsibility of the Contractor to contact the appropriate utility company and "Call-Before-You-Dig" (1 (800) 922-4455) at least 72 hours in advance of any excavation to have utility locations marked out. As the excavation approaches these services and other expected pipes, conduits or other underground structures, digging by machinery shall be discontinued, and the excavation shall be done by means of hand tools.



3.07 UNAUTHORIZED EXCAVATION

A. If the bottom of any excavation is inadvertently taken out beyond the limits indicated or prescribed, the resulting void shall be backfilled at the Contractor's expense with gravel fill, sand, pipe bedding, or concrete as deemed appropriate by the Engineer.

3.08 ELIMINATION OF UNSUITABLE MATERIAL

A. If material unsuitable for foundation (in the opinion of the Engineer) is found at or below the grade to which excavation would normally be carried in accordance with the plans and specifications, the Contractor shall remove such material to the required width and depth and replace it with granular fill, pipe bedding, sand, or concrete as directed by the Engineer. All unsuitable excavated material shall become the property of the Contractor and shall be disposed of at no additional cost to the Owner.

3.09 DISPOSAL OF SURPLUS MATERIAL

A. All surplus excavated material shall become the property of the Contractor and shall be disposed of at no additional cost to the Owner.

3.10 BACKFILL

A. Backfill for utility work, above the line of narrow trench limit, shall be compacted in layers not more than six (6) inches compacted thickness. No stones larger than two (2) inches shall be placed within two (2) feet of the utility in backfilling. When any stone is used in the remainder of backfilling, each piece shall be embedded in dirt, and no stone weighting over fifty pounds shall be included in the trench. Nesting of stones will not be allowed.

3.11 COMPACTION

A. The entire area of each layer of fill shall be uniformly compacted to at least the required minimum density by use of compaction equipment consisting of rollers, compactors or a combination thereof. Earth moving and other equipment not specifically manufactured for compaction purposes will not be considered as compaction equipment.

B. The compaction of backfill shall not be less than 98 percent of the dry density for that soil

when tested in accordance with AASHTO T180, Method D.

END OF SECTION


Section 31 23 35 – Bedding for Pipes & Structures Page 1 of 3

SECTION 31 23 35 BEDDING FOR PIPES & STRUCTURES

PART 1 - GENERAL 1.01 DESCRIPTION A. Work under this specification covers furnishing and installing bedding materials for all pipes

and structures as shown on the plans or as directed by the Engineer. Also, work under this specification includes furnishing and installing associated detectable warning tape and filter fabric as shown on the plans or directed by the Engineer.

1.02 RELATED WORK

A. Section 31 23 33 – Trenching and Backfilling B. Section 33 41 00 – Storm Utility Drainage Piping C. Section 33 49 00 – Storm Drainage Structures D. Section 33 82 00 – Underground Conduit

1.03 QUALITY ASSURANCE A. Where Form 817 is referred to, it means "State of Connecticut Department of Transportation

Standard Specifications for Roads, Bridges and Incidental Construction, Form 817, 2016" and including all Supplemental Specifications to January 2017.

1.04 SUBMITTALS

A. Submit certified test results from a testing laboratory to the Engineer for approval. Test results must indicate characteristics of materials, including: gradation, plasticity and compaction. The cost of all testing shall be borne by the Contractor.

PART 2 - PRODUCTS 2.01 BEDDING MATERIALS

A. Bedding materials for ductile iron (DI) and copper water services shall be sand conforming to Form 817, Article M.11.04, Fine Aggregate for Mortar Note.

B. Bedding materials for polyvinyl chloride (PVC) gravity sanitary sewer pipe and precast

concrete sanitary manholes shall be ¾” crushed stone conforming to Form 817, Article M.01.01, No. 6.

C. Bedding materials for high density polyethylene (HDPE) pressure sewer pipe shall be sand

conforming to Form 817, Article M.11.04, Fine Aggregate for Mortar Note.



D. Bedding materials for precast concrete sanitary manhole shall be ¾” crushed stone conforming to Form 816, Article M.01.01, No. 6.

E. Bedding materials for storm drain shall be ¾” crushed stone conforming to Form 817,

Article M.01.01, No. 6. F. Bedding materials for high density polyethylene (HDPE) pressure storm drainage pipe

shall be sand conforming to Form 817, Article M.11.04, Fine Aggregate for Mortar Note. G. Bedding materials for storm drainage structures shall be ¾” crushed stone conforming to

Form 817, Article M.01.01, No. 6. H. Bedding materials for conduits shall be sand conforming to Form 817, Article M.11.04,

Fine Aggregate for Mortar Note.

2.02 DETECTABLE WARNING TAPE

A. Detectable warning tape shall be proprietary product consisting of continuously printed metallic detection tape intended for direct burial service, not less than 6” wide x 4mils thick. Printed words shall read “Caution (appropriate utility) Line Buried Below”. Color shall be appropriate for the utility.

2.03 FILTER FABRIC

A. Filter Fabric material shall be geotextile conforming to Form 817, Article M.08.01-19.


A. Materials shall be provided by the Contractor from sources outside the project limits in the quantities required for completion of the work and shall be approved by the Engineer prior to use in the work. Laboratory testing to establish sieve analysis and conformance to material gradations will be the responsibility of the Contractor.

B. The bottoms of excavations and trenches shall be thoroughly compacted and in approved

condition prior to placing the bedding.

C. Filter fabric shall be installed as shown on the plan or as directed by the Engineer.

D. The bedding shall be placed in layers not exceeding six (6") inches in loose depth. Each layer shall be thoroughly compacted, by tamping or other approved method, to achieve the compaction specified below.

E. The pipe bedding shall be carefully graded and shaped so that the full length of pipe barrel

shall have complete and uniform bearing and the bedding compacted in a careful and



thorough manner along both sides of pipes to provide proper support and bedding for the pipes. Bell holes and depressions for joints shall be dug after the bedding has been graded and compacted and shall be a size suitable for the proper jointing of the pipe. The Contractor shall exercise care in all placing and compacting operations so as to prevent disturbing joints, displacement or damage to the pipes.

F. Detectable warning tape shall be installed as shown on the plan or as directed by the

Engineer. 3.02 INSPECTION

A. As the work progresses, the pipe will be checked by the Engineer to determine whether any disturbing of joints, displacement or damage to the pipes has occurred. If the inspection of pipe shows poor alignment, displaced pipe, disturbed joints, damage to pipe or any other defects, the Contractor shall correct all deficiencies in a satisfactory manner, at no added expense to the Owner.

END OF SECTION


Technical Specifications – Section 33 41 00 Storm Utility Drainage Piping Page 1 of 2

SECTION 33 41 00 STORM UTILITY DRAINAGE PIPING


A. Work under this specification covers furnishing and installing storm drains, consisting of pipe and flared ends of the type, size and length as shown on the plans or as directed by the Engineer.

1.02 RELATED WORK

A. Section 01 57 13 – Sedimentation Control System B. Section 01 57 20 –Dust Control C. Section 31 23 35 – Bedding for Pipes and Structures D. Section 33 49 00 – Storm Drain Structures



1.04 SUBMITTALS

A. Submit storm drain pipe and flared end materials technical data to the Engineer for approval. B. Submit material certification and gradation with specifications for bedding material to the

Engineer for approval.

C. Submit filter fabric geotextile material technical data to the Engineer for approval.

D. Submit material certificates for all storm drain pipe, flared end and filter fabric geotextiles. PART 2 - PRODUCTS

2.01 PIPE

A. Storm drain pipe shall be SDR-35 PVC. 2.02 BEDDING MATERIAL

A. Bedding material shall be shall conform to Form 817, Article M.01.01, No. 67 crushed stone .


Technical Specifications – Section 33 41 00 Storm Utility Drainage Piping Page 2 of 2

2.04 FILTER FABRIC GEOTEXTILE

A. Filter fabric shall be a non-woven geotextile. Geotextile shall conform to Form 817 Article M.08.01-19.

PART 3 - EXECUTION


A. Storm drain pipe installation shall conform to Form 817, Article 6.51.03.

END OF SECTION


Technical Specifications - Section 33 82 00 – Underground Conduit Page 1 of 2

SECTION 33 82 00 UNDERGROUND CONDUIT


A. Work under this specification covers furnishing and installing underground conduits, concrete handholes, control and power systems from the main Department of Public Works Building to the proposed salt storage structure as shown on the plans or as directed by the Engineer.

1.02 RELATED WORK

A. Section 31 23 35 – Bedding for Pipes & Structures B. Section 31 23 33 – Trenching and Backfilling


A. All material, equipment and workmanship shall conform to the following standards of the latest edition:

National Electrical Code Underwriter’s laboratories Connecticut Basic Building Code OSHA-U.S. Labor Department NFPA Codes

B. The contractor shall comply with all requirements of local authorities and utility companies

having jurisdiction.

C. Where Form 817 is referred to, it means "State of Connecticut Department of Transportation Standard Specifications for Roads, Bridges and Incidental Construction, Form 817, 2016" and including all Supplemental Specifications to January 2017.

1.04 SUBMITTALS

A. Submit conduit, fittings, material certificates and concrete handhole technical data to the

Engineer for approval.

PART 2 - PRODUCTS A. CONDUITS

1. Underground polyvinyl chloride conduit (PVC) and fittings shall be UL listed, and

shall conform to the requirements of the latest UL and ANSI standards, Schedule 40 grade.


Technical Specifications - Section 33 82 00 – Underground Conduit Page 2 of 2

2. Rigid Metal Conduit (RMC) and fittings shall be galvanized steel. Each section of

conduit shall be labeled as UL listed, and shall conform to the requirements of the latest UL and ANSI standards for Rigid Metal Conduit.

B. HAND HOLES

1. Hand holes shall be H20 load rated concrete handholes with bolted galvanized steel covers.

PART 3 - EXECUTION


A. All underground conduit shall be installed in conformance with State and Local regulations and

Section M.15.09 of form 817. B. All underground conduit shall be furnished and installed to the types, sizes and at the locations

shown on the plans or as directed by the Engineer.

C. Trench excavation shall be performed in accordance with Section 2.05.03 of Form 817.

D. Bedding material and detectable warning tape shall be installed in accordance with Section M.08.03 of Form 817.

END OF SECTION

TAB H

Plans

NOT TO SCALE

A

B

A

B

L

RE

DU

CE

R

SECTION A-A SECTION B-B

PLAN

TYPICAL

DETAIL ''A''

TYPE "C-L" CATCH BASIN (PRIVATE)

KNOCK OUT

1'-1"1'-10"1'-1"

8"4'-0"

5'-4"

6"

2" MIN.

1"

1"

3"

9"

C OF C.B

TYPE ''C''

CURB LINE FOR

SHOWN)

(TYPE "C-L"

PRECAST TOP

THE PERVIOUS BACKFILL

ABOVE THE BOTTOM OF

WALLS AT OR IMMEDIATELY

DRAINAGE OPENING IN 4

OF THE STRUCTURE

DEPTH 3' BELOW THE TOP

THIS ELEVATION-MAXIMUM

PREVIOUS BACKFILL ABOVEFLOW LINE

DETAIL "A"

SEE

PRECAST TOP

6"

8" M

IN.

2'-0" M

IN. S

UM

P

"851'-1

BA

SE

RIS

ER(V

ARIE

S)

1'

MIN.

1'-6"

"432'-8

"211 "2

11

4'-4"

8"3'-0"

6"

CA

P A

ND R

ED

UC

ER

OP

ENIN

G I

N S

PA

CE

R

30" MAX.

JOINTS

MORTAR

FABRIC

WIRE

WELDED

FLOW LINE

AS DIRECTED.

ADJACENT TO CATCH BASIN

GRADING TO BE VARIED

NORMAL FINISHED GRADING,

ADJUSTMENT SPACER

MAY BE USED AS

CONCRETE UNITS

OR MASONRY

REQUIRED) BRICK

6" SPACER (NOT

SHEET NO 507-K, GRATES SHALL BE GALVANIZED

B) DEPRESSED GUTTER DETAILS

A) DETAILS OF PRECAST TOPS

507-J (TYPE "C-L"), WHICHEVER APPLIES, FOR:

SEE CONN. DOT STANDARD SHEET NO. 507-I (TYPE "C") OR

NOTES:

SUBGRADE ELEVATION

LIMITS OF

IN 12" (MAX.) LAYERS

MATERIAL COMPACTED

APPROVED NATIVE

GRANULAR FILL OR

0.25 O.D.

MATERIAL

BEDDING

PIPE DIA.

I.D. + 2' FOR PIPE

PL

AC

ED B

Y H

AN

D

PIP

E O.D.

12"

VA

RIE

S

12" IN ROCK

4" IN EARTH

NOTES:

USE WATERTIGHT RUBBER GASKETS IN ALL PIPE JOINTS.2.

ALL PIPE TO BE RCP CLASS IV UNLESS OTHERWISE SPECIFIED.1.

NOT TO SCALE

FOR HORIZ. ELLIPTICAL PIPE

FOR PIPE 30" & OVER &

UNDER 30" , I.D. + 3'

OF ELLIPTICAL PIPE

OR HORIZ. SPAN

& BACKFILL

TRENCH EXCAVATION

TRENCHING & BACKFILLING

0

SCALE: 1"= 30'

30 30 60

WILLIMANTIC ROAD

OUTSWING WALK-IN DOOR

16' x 16' DURACOIL STANDARD 22GA DOOR

NOT TO SCALE

GRADE TO DRAIN (TYP.)

INV.= 96.0

T.F.= 99.0

AN CORROSION RESISTANT EPOXY COATING)

CATCH BASIN (INTERIOR TO BE COATED WITH

+

98.75

+

99.75

+

99.75

99.75 +

+

99.75 FOR PAVEMENT MILLING SURFACE TO BE INSTALLED

SET GRADE AROUND BASIN 3" LOWER THAN FINISH GRADE

RAB LIGHTING - RAIL P 225 5000K W OR APPROVED EQUAL

INTERIOR LIGHTS (TYP. OF 3)

3" THICK PAVEMENT MILLING SURFACE

TO BE DETERMINED IN THE FIELD

PROPOSED ELECTRICAL SERVICE. EXACT LOCATION

@ 1.0% SLOPE

24 LF OF 6" HDPE PIPE

RAB LIGHT - FXLED 300T 5000K W OR APPROVED EQUAL

FLOOD LIGHT ABOVE BAY DOOR

APPROXOMATE LOCATION OF SWITCH FOR INTERIOR LIGHT

APROXOMATE LOCATION OF PROPOSED 56' x 112' SALT STORAGE BUILDING

INV.= 95.75

T.F.= SET TO FINISH GRADE

1000 GALLON HOLDING TANK

PROPOSED ELEVATIONS FORMED FROM A BASE ELEVATION OF 100.01.

NOTES

1000 GALLON HOLDING TANK

CORROSION RESISTANT EPOXY SEALANT.

INTERIOR OF THE TANK AND EXTENTION TO GRADE MANHOLES SHALL BE COATED WITH AN 4.

CIRCUIT. ALARM SHALL BE MOUNTED INDOORS AT THE VEHICLE MAINTENANCE GARAGE.

SYSTEM OR APPROVED EQUAL) SHALL BE PROVIDED AND INSTALLED ON SEPARATE

HIGH LEVEL INDICATOR ALARM (S.J. ELECTRO SYSTEMS, INC. TANK ALERT 1 ALARM3.

OR EXCEED THE MINIMUM REQUIREMENTS OF THE CONNECTICUT PUBLIC HEALTH CODE.

BRICK, THE HOLDING TANK SHALL BE PRECAST CONCRETE AND SHALL MEET 2.

THE HOLDING TANK SHALL BE DESIGNED FOR HS-20 WHEEL LOADING.1.

NOTES

ENGINEERING SERVICES, INC.

ANCHOR

Civil Engineering Land Surveying

www.anchorengr.com

Fax: (860) 633-5971

Phone: (860) 633-8770

Glastonbury, CT 06033

41 Sequin Drive

PROJ. ENGINEER

PROJ. MANAGER

OFFICE REVIEW

PROJECT DATE

MJP

MNB

MNB

REVISIONS

SCALE: 1"=30'

89 WILLIMANTIC RD (ROUTE 6)

PREPARED FOR

TOWN OF COLUMBIA

SITE PLAN

PROPOSED SALT STORAGE BUILDING

SHEET NO. OF1 1

Environmental Consulting Construction Management

10/10/18

COLUMBIA, CT

169-10-2

J:\169\10\Task 2 - Salt Shed\Design\DESIGN_Columbia Salt Shed.dgn

WORKS GARAGE

TOWN OF COLUMBIA PUBLIC

WA

LL

FINISH GRADE

STEEL REINFORCEMENT ASTM A-615-79 CR. 60.5.

CONCRETE MIN. 5000 PSI @ 28 DAYS.4.

OR EQUAL.

PRECAST CONCRETE FOR HS20-44 AASHTO DESIGN LOADING3.

#1221-5022 FOR SANITARY SEWERS OR APPROVED EQUAL.

MANHOLE FRAME AND COVER TO BE CAMPBELL FOUNDRY CO.2.

CONSTRUCTION JOINT TO BE 1" BUTYL RUBBER OR EQUAL.1.

8'-0"

2'-0"

8'

MIN.

COATING

PROTECTIVE

EXTERIOR

SEE PLAN FOR SIZE

INLET PIPE

SET FRAME IN GROUT

MANHOLE FRAME AND COVER

8" CONCRETE BLOCK

Ø INLET PIPE21Ø =

VENT PIPE

(SEE NOTE #3)

HIGH LEVEL INDICATOR ALARM

4'-6"

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